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UNIVERSITY  OF 
ILLINOIS  LIBRARY 
AT  URBANA-CHAMPAIGN 
ILL.  HIST.  SURVEY 


i 


A., 


THE 


REVISED  ORDINANCES 

OP  THE 

CITY  OF  FREEPORT, 


( To  February  21st,  1868,  inclusive,) 


TOGETHER  WITH  THE 


CHARTER  OF  SAID  CITY, 


THE  SEVERAL  AMENDMENTS  THERETO, 


AND  OTHER  MISCELLANEOUS  ACTS  RELATING  TO  CITIES. 


Revised  and  Republished,  by  order  of  the  City  Council,  by 


HENRY  M.  BARNUM, 


CITY  ATTORNEY. 


f 


FREEPORT,  ILLINOIS: 

PRINTED  BY  JAMES  S.  McCALL. 

1868, 


■ 


, 


To  the'  City  Council  of  the  City  of  Freeport, 

Gentlemen  : 

There  appears  on  the  Record  of  your  proceedings,  of  date 
November  22d,  1867,  the  following  entry: 

“  On  motion  of  Alderman  Courier,  the  City  Attorney  was  instructed  to  proceed 
“  at  once  to  revise  the  City  Ordinances  and  prepare  them  for  publication.” 

In  compliance  with  this  instruction,  I  have  carefully  examined  all  the  Ordi¬ 
nances  of  the  city  passed  since  the  publication  of  the  former  book  In  1857,  have 
revised  and  re-written  such  of  the  ordinances  contained  in  that  book  as  have 
been  amended  or  changed  during  that  interval,  and  have  made  such  modifications, 
alterations  and  amendments  in  others,  as  have  been  suggested  to  me  by  my  own 
experience  and  by  the  experience  of  those  who  have  observed  the  practical 
workings  of  the  several  ordinances  contained  in  the  former  volume.  I  have 
endeavored  to  remedy  such  of  its  defects  as  time  has  pointed  out,  and  as  a  result 
of  my  labor,  I  present  you  with  this  volume,  hoping  it  may  satisfy  a  want  long  felt 
by  our  Police  Courts,  as  well  as  meet  your  expectations  in  committing  the  charge 
of  this  important  task  to  the  undersigned. 

HENRY  M.  BARNUM, 

City  Attorney . 


Freeport,  Ill,  February  21, 1868. 


TABLE  OF  CONTENTS 


PART  I. 

Pack 


City  Charter .  9 

Amendments  to  same, .  25 

Police  Magistrates’  Act, .  38 

Amendment  to  same, .  40 

Act  to  incorporate  Towns  and  Cities,  (extract,) .  41 

Act  to  amend  the  Charters  of  Cities,  etc., .  48 

Act  authorizing  altering  streets,  etc., .  44 

Act  to  provide  for  vacating  Town  Plats, .  45 

Act  concerning  Warrants  of  Cities  and  Towns, .  46 

Rules  of  City  Council, .  47 


PART  II. 

Ordinance  concerning  City  Seal, . .  55 

“  Assessments, .  56 

“  “  Bonds, .  61 

“  “  Bridges. .  65 

“  “  City  Cemetery  and  Sexton, .  64 

“  “  City  Officers, .  68 

“  “  Corporation  Paper .  77 

“  “  Dogs, .  78 

“  “  Elections, .  81 

“  “  Fire  Department .  87 

“  “  Grades, .  95 

“  Gun  Powder  and  Gun-Cotton, .  104 

“  “  Hay  and  Wood  Stands, .  106 

“  “  Licenses, .  107 

“  “  Misdemeanors, .  119 

“  “  Nuisances .  129 

“  “  Police .  137 

“  “  Police  Court .  141 

“  “  Private  Drains, .  146 

“  “  Railroads .  147 

“  “  Scales, . 150 

“  “  Sidewalks, .  153 

“  “  Streets  and  Alleys, .  163 

“  “  Taxes, .  173 

“  “  Taxes  for  1867, .  182 

“  “  Wards, . 183 

“  “  Warrants, .  185 

“  “  Weights  and  Measures , .  186 

“  “  Wood,.. .  189 

“  “  Ordinances, .  183 


CATALOGUE  OF  THE  TRUSTEES 


OF  THE 


TOWN  OF  FREEPORT 


From  its  Organization  in  1850  to  the  year  1855. 


Julius  Smith, 
JolinK.  Brewster, 


Silas  D.  Clark, 
Thomas  Egan, 


John  Black, 
Waiter  P.  Hunt, 


1850-51. 


Thomas  J.  Turner,  President. 

John  Rice, 
Joseph  B.  Smith. 


1851-52. 


Edward  S.  Hanchett,  President. 

Isaiah  G.  Bedee, 
John  H.  Sclilott. 


1852-53. 


Silas  D.  Clark,  President. 


Jeduthan  G.  Fuller, 
Asahel  W.  Rice, 


Frederick  Baker, 
William  D.  Oyler, 
Henry  Smith,* 
Julius  Smith,! 


John  K.  Brewster, 
Warren  C.  Clark, 


1853-54. 

Peter  B.  Foster,  President. 

Jacob  Mayer, 
William  W.  Smith, 
Isaac  Stoneman.J 


1854-55. 


Asahel  W.  Rice,  President. 


Edward  S.  Hanehett, 
Isaac  C.  Stoneman. 


*  Appointed  April  1, 1854,  in  place  of  William  W.  Smith,  resigned, 
f  Appointed  July  14,  1854,  in  place  of  Peter  B.  Foster,  resigned. 

X  Appointed  September  9,  1854,  in  place  of  Frederick  Baker,  resigned. 

Upon  the  resignation  of  Peter  B.  Foster,  Frederick  Baker  was  appointed  Presi¬ 
dent,  and  upon  the  resignation  of  Frederick  Baker,  Henry  Smith  was  appointed 
President- 


CATALOGUE  OF  CITY  OFFICERS, 

From  its  Incorporation,  1855  to  1867, 


t 


MAYOE,. 

Thomas  J.  Turner, 

A.  Cameron  Hunt,  .... 
A.  Cameron  Hunt, 

John  W.  D.  Heald,  .... 
Denard  Shockley, 

Hiram  Bright,  .... 

Francis  W.  Hance, 

Urban  D.  Meacham, 

Charles  Butler, 

John  F.  Smith,  .... 

John  F.  Smith,  .... 
David  H.  Sunderland, 


Elected. 

1855 

1856 

1857 

1858 

1859 
1800 
1861 
1862 

1863 

1864 

1865 
1867 


A-LIDEIE^IIVEIEnsr. 


FIRST 


Elected. 

Wm.  G.  Waddell,  1855 

John  A.  Clark,  1855 

John  H.  Schlott,  1856 

Holden  Putnam,* * * §  1856 

John  A.  Clark,  1857 

John  C.  Kean,  1858 

Warren  C.  Clark  1859 

Thomas  Colt  man, t  1860 

SECOND 

Elected. 

Joseph  B.  Smith,  1855 

John  Barfoot,  1855 

Asahel  W.  Rice,  1856 

Samuel  B.  Harris,  1857 

Irvin  H.  Sunderland,  1858 

Thomas  Robinson,  1859 

Chancellor  Mart]  n.  1860 

James  H.  Bartlett, :{:  1860 

THIRD 

Elected. 

A.  Cameron  Hunt,  1855 

John  P.  B>  erly,  1855 

John  W.  D.  Heald,  1856 

JohnHoebel,  1857 

Warren  C.  Clark,  1858 

James  M.  Smith  ,g  1858 

John  Hoebel,  1859 

Moses  R.  Thompson,  1860 


,rARD. 


Elected. 

Elias  C.  DePu5>-,  i860 

Isaac  H.  Miller,  1861 

Jacob  B.  Kenegy,  1862 

Isaac  H  Miller.  1863 

Wm.  G.  Waddell,  1864 

Edward  L.  Cronkrlte,  1865 

Wm.  G.  Waddell,  1866 

August  Bergman,  1867 

WARD. 

Elected. 

Nathan  F.  Prentice,  1861 

John  H.  Beaumont,  1862 

E.  M.  McLaughlin,  1863 

Jaoob  Rodearmel,  1864 

Charles  L.  Currier,  1865 

J.  H.  Snyder,  1866 

Charles  L.  Currier,  >  1867 


Elected. 

Jacob  Hlme,  1861 

John  O’Connell,  1862 

John  Hoebel, ||  *  1862 

P.  Enos  Fowler,  .  1863 

Jacob  Krohn,  1864 

Jackson  S.  Rogers,  1865 

Jacob  Krohn,  1866 

Frederick  Bartlett,  1867 


*  Holden  Patnam  was  elected  Sept.  6,  1856,  in  place  of  J.  H.  Schlott,  resigned, 

t  Thomas  Coltman  was  elected  April  16,  1860,  in  place  of  W.  0.  Clark,  removed  from  the 
ward. 

t  James  H.  Bartlett  elected  April  28,  1860,  in  place  of  Thos.  Robinson,  removed  from  the 
ward. 

§  James  M.  Smith  elected  June  21,  1858,  in  place  of  Warren  C.  Clark,  resigned. 

!  John  Hoebel  elected  July  6, 1862,  in  place  of  John  O’Connell,  resigned. 


CATALOGUE  OF  CITY  OFFICERS. 

•  • 
Vll 

POLICE  MAGISTRATES. 

Elected. 

Elected. 

Luther  W.  Guiteau, 

1855 

Abraham  T.  Green, 

1863 

Horatio  C.Burchara 

*  1857 

Abram  Braisted, 

1866 

David  Seem, 

1859 

George  Wolf, 

1867 

CITY  MARSHALS. 

Elected. 

Elected. 

Wm.  W.  Smith, 

1855 

Isaiah  G.  Beede, 

1862 

Wm.  W.  Smith, 

1856 

Jacob  C.  Gilbert, 

1863 

Wm.  W.  Smith, 

1857 

Jacob  C.  Gilbert, 

1864 

John  R.  Edick, 

1858 

Charles  Baumgarten, 

1865 

Henry  Settley, 

1859 

Frederick  R.  McLaughlin, 

1866 

David  C.  Laird, 

I860 

Frederick  R.  McLaughlin, 

1867 

John  H.  Mease, 

1861 

CITY  CLERKS. 

• 

Elected. 

Elected. 

Homer  N.  Hibbard, 

1855 

Louis  F.  Burrell, 

1862 

Homer N.  Hibbard, 

1856 

Frank  Corbin, 

1863 

Homer  N.  Hibbard, 

1857 

Jonathan  E.  Brown, 

1864 

J.  Bright  Smith, 

1858 

Joseph  B.  Smith, 

1865 

J,  Bright  Smith, 

1859 

Joseph  B.  Smith, 

1866 

Louis  F.  Burrell, 

1860 

Urias  M.  Mayer, 

1867 

Louis  F.  Burrell, 

1861 

CITY  ATTORNEYS. 

Elected. 

Elected. 

John  A.  Jameson. 

1855 

John  C.  Kean, 

1862 

Homer  N.  Hibbard, 

1856 

JohnC.  Kean, 

1863 

Homer  N.  Hibbard, 

1857 

John  C.  Kean. 

1864 

J.  Bright  Smith, 

1858 

F.  W.  S.  Brawley, 

1865 

J.  Bright  Smith, 

1859 

John  Coates, 

1866 

Henry  C.  Hyde, 

1860 

Henry  M.  Barnum, 

1867 

James  S.  Cochran, 

1861 

Lodowick  Stanton, 
Marcus  Carter, 
Marcus  Carter, 
Wm.  O,  Saxton, 
Wm.  O.  Saxton, 
Marcus  Carter, 


CITY 


SURVEYORS. 


Elected. 

1857 

1858 

1859 
1800 
18G1 
1802 


Charles  Baumgarten, 
Charles  Baumgarten, 
Marcus  Carter, 
Marcus  Carter, 
Lodowick  Stanton. 


Elected. 

1863 

1864 

1865 
1863 
1867 


STREET  COMMISSIONERS. 


Wm.  W.  Smith, 

Wm.  W.  Smith, t 
Robert  McMasters,^ 
Edwin  R.  Ross,§ 
John  P.  Byerly, 
Henry  settley, 
Henry  Settley, 

B.  Wasserzieher, 


Elected. 

1855 

1856 
1856 

1856 

1857 

1858 

1859 

1860 


B.  Wasserzieher, 

B.  Hunkemeier, 

B.  Wasserzieher, 
August  Bergman, 

P.  Enos  Fowler, 
Henry  D.  Rodearmel.|| 
Henry  D.  Rodearmel, 
Henry  D.  Rodearmel, 


Elected. 

1861 

1862 

1863 

1861 

1865 

1865 

1866 
1867 


E.  W.  Salisbury, 
Oscar  Taylor, 

Oscar  Taylor, 
George  J.  Brewer, 
Silas  D.  Clark, 
Frederick  Bartlett, 
Benj.  F.  Black, 


CITY  TREASURERS. 


Elected. 

1855 

1856 

1857 

1858 

1858 

1859 

1860 


Wm.  W.  Smith. 

M.  D.  Ch  amber  lain, 
Charles  L.  Currier, 
Thomas  Webster, 

John  Hoebel, 

George  Lichtenberger, 
Charles  W.  Rosebrugh, 


Elected. 

1861 

1862 

1863 

1864 

1865 

1866 
1867 


*  H.  C  Burchard  elected  January  5,  1857.  in  place  of  L.  W.  Guiteau,  resigned. 

+  First  Ward  %  Second  Ward.  §  Third  Ward. 

II  Henry  D.  Rodearmel  appointed  Oct.  14,  1865,  in  place  of  P.  E.  Fowler,  removed. 
^  Geo.  J.  Brewer  appointed  Jan.  16, 1858,  in  place  of  Oscar  Taylor,  resigned. 


PART  FIRST. 


CITY  CHARTER, 


AMENDMENTS,  AND  OTHER  ACTS 

OF  THE 

GENERAL  ASSEMBLY 

OF 

THE  STATE  OE  ILLINOIS, 


RELATING  TO  CITIES. 


CHARTER  OF  THE  CITY  OF  FREEPORT. 


ARTICLE  I. 
“  II. 
“  III. 
“  IV. 
“  V. 
“  VI. 
“  VII. 
“  VIII. 


AN  ACT  to  incorporate  the  City  of  Freeport. 

Of  Boundaries. 

Of  the  City  Council. 

Of  tiie  Chief  Executive  Officer. 

Of  Election. 

Of  Legislative  Poavers  of  the  City  Council. 
Of  the  Mayor. 

Of  Proceedings  in  Special  Cases. 
Miscellaneous  Proatisions. 


» 


ARTICLE  I. 


OF  boundaries. 

Section  Section 

1.  Inhabitants  incorporated;  name  and  3.  Boundaries  extended  in  certain  cases; 

powers  of  the  corporation.  land  exempt  from  taxes  in  certain  cast  s. 

2.  City  Boundaries  Established.  4.  General  corporate  powers. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  inhabitants  of  the 
town  of  Freeport,  in  Stephenson  County,  and  State  of  Illinois,  be 
and  they  are  hereby  constituted  a  body  politic  and  corporate,  by  the 
name  and  style  of  “  The  City  of  Freeport,”  and  by  that  name  shall 
have  perpetual  succession,  may  sue  and  be  sued,  plead  and  be  im¬ 
pleaded  in  all  courts  of  laAV  and  equity  ;  and  may  have  and  use  a 
common  seal  and  alter  the  same  at  pleasure. 

Sec.  2.  All  that  territory  embraced  within  the  folloAving  limits, 
to  wit:  Beginning  at  the  north-west  corner  of  the  south  half  of  the 
north-Avest  quarter  of  section  six,  in  township  twenty-six  north,  of 
2 


10 


CITY  CHARTER. 


range  eight  east  of  the  fourth  principal  meridian,  in  the  County  of 
Stephenson,  and  State  of  Illinois  ;  running  thence  eastwardly  along 
the  south  line  of  the  north  half  of  the  north-west  quarter,  and  the 
north  half  of  the  i\orth-east  quarter  of  said  section  six,  and  along 
the  south  line  of  the  north  half  of  the  north-west  quarter  of  section 
five,  in  the  township  and  range  aforesaid,  to  the  south-east  corner  of 
said  last  described  tract ;  thence  north  to  t lie  quarter  section  corner, 
on  the  township  line;  thence  east,  to  quarter  section  corner, 
on  the  south  side  of  section  thirty-two,  in  township  twenty-seven 
north,  of  range  eight  east  of  the  fourth  principal  meridian  ;  thence 
north  along  the  quarter  section  line  to  the  north  bank  of  the  Peca- 
tonica  river  ;  thence  up  stream  along  the  left  or  northerly  bank  of 
said  river,  to  the  line  dividing  the  east  half  from  the  west  half  of 
the  north-west  quarter  of  said  section  thirty-two;  thence  north  to 
the  north-east  corner  of  the  south-west  quarter  of  the  south-west 
quarter  of  section  twenty-nine;  thence  west  along  the  north  bound¬ 
ary  of  said  quarter  of  quarter  section,  to  the  section  line;  thence 
west  to  the  northerly  bank  of  the  Pecatonica river ;  thence  up  stream 
along  the  left  or  northerly  bank  of  said  river,  to  the  range  line  west 
boundary  of  said  section  thirty  ;  thence  south  along  said  line  to  the 
north-east  corner  of  section  thirty-six,  in  township  twenty-seven 
north,  of  range  seven  east;  thence  west  along  the  section  line  to  the 
line  dividing  the  east  half  ffoni  the  west  half  of  the  east  ha  IT  of  said 
section  thirty-six  ;  thence  south  along  said  line  to  the  township  line ; 
thence  south  to  the  south-west  corner  of  the  north-east  quarter  of 
the  north-east  quarter  of  section  one,  in  township  twenty-six  north, 
of  range  seven  east;  thence  east  along  the  south  boundary  of  said 
quarter  of  quarter  section  tq  the  range  line;  thence  on  said  line  to 
tlie  place  of  beginning,  shall  be  and  the. same  is  hereby  declared  to 
be  within  the  limits  of  the  City  of  Freeport. 

Sec.  8.  Whenever  any  tract  of  land  adjoining  the  City  of  Free¬ 
port,  shall  be  laid  off  into  town  lots,  and  duly  recorded  as  required 
by  law,  the  same  shall  be  annexed  to  and  form  a  part  of  the  City  of 
Freeport,  and  all  parcels  of  land  within  the  aforesaid  boundaries  and 
beyond  the  boundaries  of  the  present  corporation  that  exceed  in 
extent  ten  acres  shall  be  exempt  from  taxation  for  city  revenue, 
until  the  same  shall  be  subdivided  into  lots  of  ten  acres  or  less,  and 
each  lot,  when  so  divided,  shall  be  taxed  as  other  city  lots. 

Sec.  4.  The  inhabitants  of  said  city,  by  the  name  and  style 
aforesaid,  shall  have  power  to  sue  and  be  sued,  to  plead  and  be 
impleaded,  defend  and  be  defended  in  all  courts  of  law  and  equity 
and  in  all  actions  whatever ;  to  purchase,  receive,  and  hold  property, 
both  real  and  personal,  beyond  the  city,  for  burial  grounds  and  for 
other  purposes,  for  the  use  of  said  inhabitants  of  said  city;  to  sell, 
lease  and  convey  or  dispose  of  property,  real  and  personal,  and  do 
all  other  things  in  relation  thereto  as  natural  persons. 


OF  THE  CITY  COUNCIL 


11 


ARTICLE  II. 

OF  TIIE  CITY  COUNCIL. 

Section  Section 

1.  Mayor  and  board  of  Aldermen  to  8.  Power  to  determine  rules  of  proceed- 

constitute  tlie  City  Council.  ings;  punish  for  disorderly  conduct. 

2.  Board  of  Aldermen  to  consist  of  how  9.  Shallkeep  a  journal  and  publish  same; 

many  members,  and  how  chosen.  yeas  and  nays  to  be  entered  on  journal 

3.  Qualifications  of  Aldermen.  in  certain  cases. 

4.  Kemoval  from  the  ward  to  create  10.  Aldermen  ineligible  to  certain  offices, 
vacancy;  compensation  of  Mayor  11.  Vacancies;  how  fillod. 

and  Aldermen.  12.  Mayor  and  Aldermen  to  take  an  oath 

5.  Aldermen  divided  into  classes.  of  office. 

6.  City  Council  to  judge  of  the  qualifi-  13.  In  case  of  a  tie  in  the  election  of  Aid- 

cations  and  election  of  its  members.  ermen,  election  how  determined. 

7.  What  constitutes  a  quorum ;  compel  ll.  Stated  meetings;  City  Council  to 

the  attendance  ot  members.  determine  time  and  place. 

Section  1.  There  shall  be  a  City  Council,  to  consist  of  a  Mayor 
and  board  of  Aldermen. 

Sec.  2.  '  The  board  of  Aldermen  shall  consist  of  two  members 
from  each  ward,  to  be  chosen  by  the  qualified  voters  for  two  years, 
and  until  others  shall  be  legally  qualified. 

Sec.  3.  No  person  shall  be  an  Alderman,  unless  at  the  time  of 
his  election  he  shall  have  resided  within  the  limits  of  the  city  one 
year  immediately  preceding  his  election,  and  shall  have  the  requisite 
qualifications  to  vote  for  State  officers,  be  a  resident  of  the  ward  for 
which  he  is  elected,  and  a  citizen  of  the  United  States. 

Sec.  4.  If  any  Alderman  shall,  after  his  election,  remove  from 
the  ward  for  which  he  is  elected,  his  office  shall  be  declared  vacated. 
The  Mayor  and  Aldermen  shall  serve  without  compensation  from 
the  City  funds,  until  there  shall  be  five  thousand  inhabitants  in  said 
City,  and  when  the  population  shall  exceed  five  thousand,  the  Mayor 
shall  receive  such  compensation  as  the  City  Council  shall  determine. 

Sec.  5.  At  the  first  meeting  of  the  City  Council  the  Aldermen 
shall  be  divided  by  lots  into  two  classes  ;  the  seats  of  those  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  first  year,  and  of  the 
second  class  at  the  expiration  of  the  second  year,  so  that  one-half  of 
the  board  shall  be  elected  annually. 

Sec.  6.  The  City  Council  shall  judge  of  the  qualifications,  elec¬ 
tions  and  returns  of  their  own  members,  and  shall  determine  all 
contested  elections  under  this  act. 

Sec.  7.  A  majority  of  the  City  Conned  shall  constitute  a  quorum 
to  do  business,  but  a  smaller  number  may  adjourn,  from  day  to  day, 
and  compel  the  attendance  of  absent  members,  under  such  penalties 
as  may  be  prescribed  by  ordinance. 


12 


CITY  CHARTER. 


Sec.  8.  The  City  Council  shall  have  power  to  determine  the 
rules  of  its  proceedings;  punish  its  members  for  disorderly  conduct, 
and,  with  the  concurrence  of  two-thirds  of  the  members  elected, 
expel  a  member. 

Sec.  9.  The  City  Council  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same;  and  the  yeas  and  nays, 
when  demanded  by  any  member  present,  shall  be  entered  upon  the 
journal. 

Sec.  10.  No  Alderman  shall  be  appointed  to  any  office  under 
the  authority  of  the  city  which  shall  have  been  created  or  the  emolu¬ 
ments  of  which  shall  have  been  increased  during  the  time  for  which 
he  shall  have  been  elected. 

Sec.  11.  All  vacancies  that  shall  occur  in  the  board  of  Aldermen 
shall  be  filled  by  election. 

Sec  12.  The  Mayor  and  each  Alderman,  before  entering  upon 
the  duties  of  their  office,  shall  take  and  subscribe  an  oath,  or  make 
affirmation  that  they  will  support  the  constitution  of  the  United 
States  and  of  this  State,  and  that  they  will  well  and  truly  perform 
the  duties  of  their  office  to  the  best  of  their  skill  and  ability. 

Sec.  13.  Whenever  there  shall  be  a  tie  in  the  election  of  Alder- 
men  the  judges  of  election  shall  certify  the  fact  to  the  Mayor,  who 
shall  determine  the  same,  by  lot,  in  such  manner  as  shall  be  provided 
by  ordinance. 

Sec.  14.  There  shall  be  twelve  stated  meetings  of  the  City 
Council  in  each  year,  at  such  times  and  places  as  may  be  prescribed 
by  the  City  Council. 


ARTICLE  III. 

OF  THE  CHIEF  EXECUTIVE  OFFICER. 

Section  Section 

1.  Mayor:  how  elected;  term  of  office.  4.  In  case  of  a  tie  in  the  election  of,  how 

2.  Qualifications.  determined. 

3.  Office  vacated  by  removal  or  absence.  5.  Election  of;  how  contested. 

G.  Vacancy  in  the  office  of ;  how  filled. 

Section  1.  The  Chief  Executive  Officer  of  the  city  shall  be  a 
Mayor,  who  shail  be  elected  by  the  qualified  voters  of  the  city,  and 
hold  his  office  for  one  year  and  until  his  successor  shall  be  elected 
and  qualified. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  Mayor  who 
shall  not  have  been  a  resident  of  the  city  for  one  year  next  preced- 


OF  THE  CHIEF  EXECUTIVE  OFFICER. 


13 


in"  his  election,  or  who  shall  be  under  twenty-one  years  of  age,  or 
who  shall  not,  at  the  time  of  his  election,  be  a  citizen  of  the  United 
States. 

Sec.  3.  If  any  Mayor,  during  the  time  for  which  he  shall  have 
been  elected,  remove  from  the  citv,  or  shall  be  absent  from  the  city 
for  the  space  of  six  months,  his  office  shall  be  vacated. 

Sec.  4.  When  two  or  more  persons  shall  have  an  equal  number 
of  votes  for  Mayor,  the  judges  of  election  shall  certify  the  same  to 
the  City  Council,  who  shall  proceed  to  determine  the  same,  by  lot, 
in  such  manner  as  may  be  provided  by  ordinance. 

Sec.  5.  Whenever. an  election  of  Mayor  shall  be  contested,  the 
City  Council  shall  determine  the  same,  as  may  be  prescribed  by 
ordinance 

Sec.  G.  Whenever  any  vacancy  shall  happen  in  the  office  of 
Mayor,  it  shall  be  filled  by  election. 


ARTICLE  IV. 

OF  ELECTION. 

Section  Section 

1.  Time  of  election;  officers  to  be  elec-  2.  Qualifications  of  voters;  to  vote  in 
ted;  provisions  for  the  (irst  election  the  wards  in  which  they  reside. 

Section  1.  On  the  first  Monday  of  April  next  an  election  shall 
be  held  in  each  ward  of  said  city  for  one  Mayor,  one  Police  Magis¬ 
trate  for  the  City  of  Freeport,  one  Marshal  for  the  city,  two  Aider- 
men  for  each  ward  ;  and  forever  thereafter,  on  the  first  Monday  of 
April  of  each  year,  there  shall  be  an  election  for  one  Mayor  and  one 
Marshal  for  the  city,  and  one  Alderman  for  each  ward  ;  and  on  the 
first  Monday  of  April  in  every  fourth  year,  there  shall  be  an  election 
for  one  Police  Magistrate  for  said  city.  The  President  and  Trustees 
of  the  Town  of  Freeport  shall,  on  or  before  the  first  Monday  in 
March  next,  proceed  to  lay  out  the  territory  embraced  within  the 
limits  of  said  City  of  Freeport  into  three  w'ards,  and  fix  the  bound¬ 
aries  of  the  same,  and  shall -also  provide,  by  ordinance,  for  holding 
the  first  election  herein  appointed  in  the  several  wards  of  said  city  ; 
shal  fix  the  place  for  holding,  said  election  in  each  of  said  wards ; 
shall  appoint  three  persons  to  act  as  judges  of  election  in  each  of 
said  wards,  who  shall  be  sworn,  and  whose  places  may  be  filled,  in 


14 


.  CITY  CHARTER. 


case  they  do  not  serve,  as  now  provided  by  law  in  other  elections. 
Said  election  shall  be  held  and  returns  thereof  made  and  certified, 
in  all  respects,  as  is  now  provided  by  law  in  elections  for  members 
of  the  State  Legislature ;  and  the  County  Clerk  of  Stephenson  County 
shall  receive  said  returns,  open  and  canvass  the  same,  and  transmit 
an  abstract  of  the  same  to  the  Secretary  of  State,  as  is  now  provided 
by  law.  A  copy  of  said  returns  of  said  election  shall  also  be  delivered 
to  the  President  and  Trustees  of  the  Town  of  Freeport,  who  shall 
canvass  the  same  within  three  days  from  the  time  they  shall  be 
received;  and  the  persons  receiving  the  highest  number  of  votes  for 
the  several  offices  of  Mayor,  Marshal  and  two  Aldermen  lor  each 
of  said  wards  shall  be  declared,  by  said  President  and  Trustees  of 
the  Town  of  Freeport,  duly  elected  to  said  several  offices.  If  two 
or  more  persons  shall,  at  said  election,  receive  the  same  number  of 
votes  for  either  of  said  offices  of  Mayor,  Aldermen  or  City  Marshal, 
the  President  and  Trustees  of  the  Town  of  Freeport  shall  determine 
the  same  between  them,  by  lot. 

Sec.  2.  All  male  inhabitants  over  the  age  of  twenty-one  years, 
who  are  entitled  to  vote  for  State  officers,  and  who  shall  have  been 
actual  residents  of  said  city  ninety  days  next  preceding  said  election, 
shall  be  entitled  to  vote  for  city  officers,  provided  that  said  voters 
shall  give  their  votes  in  the  wards  in  which  they  shall  respectively 
reside. 


A  R  T  1  C  L  E  V  . 

OF  THE  LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 

Section  Section. 

1.  Power  to  levy  and  collect  taxes.  4 — 39.  Enumeration  of  general  powers 

2.  To  appoint  necessary  officers.  40.  Style  of  ordinances. 

3.  To  require  officers  to  give  bonds  and  41.  Ordinances  to  be  published  or  posted 
to  take  oaths;  to  establish  and  sup-  up  before  being  in  force. 

port  schools;  to  borrow  money.  42.  Ordinances  ;  how  proven. 

Section  1.  The  City  Council  shall  have  power  and  authority  to 
levy  and  collect  taxes  for  city  purposes,  upon  all  property,  real  and 
personal,  (except  as  hereinbefore  excepted,)  within  the  limits  of  the 
city,  not  exceeding  one-half  of  one  per  cent,  per  annum  upon  the 
assessed  value  thereof,  and  may  enforce  the  payment  of  the  same  in 
any  manner  to  be  prescribed  by  ordinance,  not  repugnant  to  the 
constitution  of  the  United  States  and  this  State. 


LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 


51 


Sec.  2.  The  City  Council  shall  have  power  to  appoint  a  Clerk, 
Treasurer,  Assessor,  Street  Commissioner  or  Commissioners,  and  all 
such  officers  as  may  be  necessary. 

Sec.  3.  The  City  Council  shall  have  power  to  require  of  all 
officers,  appointed  in  pursuance  of  this  Charter,  bonds  with  penalty 
and  security,  for  the  faithful  performance  of  their  respective  duties, 
as  may  be  deemed  expedient,  and  also  to  require  all  officers  appointed 
as  aforesaid,  to  take  such  oaths  or  make  such  affirmation  as  the 
Common  Council  may  prescribe,  for  the  faithful  performance  of  the 
duties  of  their  respective  offices,  before  entering  upon  the  discharge 
of  the  same;  to  establish,  support  and  regulate  common  schools;  to 
borrow  money  on  the  credit  of  the  city :  Provided ,  that  no  sum  or  sums 
of  money  shall  be  borrowed  at  a  greater  interest  than  ten  per  cent, 
per  annum,  nor  shall  any  sum  or  sums  be  borrowed  as  aforesaid  until 
after  the  subject  shall  have  been  submitted  to  the  legal  voters  of  said 
city,  for  which  purpose  a  special  election  shall  be  called  by  the  Mayor, 
after  giving  ten  days’  notice  thereof;  and  if  a  majority  of  the  legal 
voters  of  said  city  shall  vote  in  favor  of  any  such  loan,  the  same  may 
be  negotiated,  and  not  otherwise:  And  provided ,  further,  that  the 
annual  interest  on  the  loan  so  negotiated,  shall  never  exceed  one-half 
of  the  revenue  annually  derived  from  the  tax  levied  by  said  city, 
upon  the  real  estate  within  the  limits  of  said  city. 

Sec,  4.  To  appropriate  money,  and  provide  for  the  payment  of 
the  debts  and  expenses  of  the  city. 

Sec.  5.  To  make  regulations  to  prevent  the  introduction  of 
contagious  diseases  into  the  city  ;  to  make  quarantine  laws  for  that 
purpose,  and  to  enforce  the  same  within  five  miles  of  the  city. 

Sec.  6.  To  establish  hospitals,  and  make  regulations  for  the 
government  of  the  same. 

Sec.  7.  To  make  regulations  to  secure  the  general  health  of  the 
inhabitants;  to  declare  what  shall  be  a  nuisance,  and  to  prevent  and 
remove  the  same. 

Sec.  8.  To  provide  the  city  with  water;  to  erect  hydrants  and 
pumps ;  build  cisterns  and  dig  wells  in  the  streets  for  the  supply  of 
engines  and  buckets. 

Sec.  9.  To  open,  alter,  abolish,  widen,  extend,  establish,  grade, 
pave,  or  otherwise  improve  and  keep  in  repair  streets,  avenues,  lanes 
and  alleys,  side-walks,  drains  and  sewers. 

Sec.  10.  To  establish,  erect,  and  keep  in  repair  bridges. 

Sec.  11.  To  divide  the  city  into  wards,  alter  the  boundaries 
thereof,  and  erect  additional  wards,  as  the  occasion  may  require. 

Sec.  12.  To  establish,  support  and  regulate  night  watches. 

Sec.  13.  To  provide  for  lighting  the  streets  and  erecting  lamp- 
posts. 

Sec.  14.  To  erect  market  houses;  to  establish  markets  and 
market  places,  and  to  provide  for  the  government  and  regulation 
thereof. 


16 


CITY  CHARTER. 


Sec.  15.  To  provide  all  needful  buildings  for  the  use  of  the  city. 

Sec.  1G.  To  provide  for  enclosing,  improving  and  regulating  all 
public  grounds  belonging  to  the  city. 

Sec.  17.  To  erect,  repair  and  regulate  public  wharves,  piers  and 
docks;  to  regulate  the  erection  and  repair  of  private  wharves,  piers 
and  docks,  and  the  rates  of  wharfage  thereat. 

Sec.  18.  To  license,  tax  and  regulate  auctioneers,  merchants, 
pedlers,  retailers,  grocers;  taverns,  ordinaries,  hawkers,  brokers, 
pawn-brokers  and  money  changers. 

Sec.  19.  To  license,  tax  and  regulate  hackney,  carriages,  wagons, 
carts  and  drays,  and  fix  the  rates  to  be  charged  for  the  carriage  of 
persons  and  for  wagonage,  cartage  and  drayage  of  property. 

Sec.  20.  To  license  and  regulate  porters  and  the  rates  of 
porterage. 

Sec.  21.  To  license,  tax  and  regulate  theatrical  and  other 
exhibitions,  shows  and  amusements. 

Sec.  22.  To  restrain,  regulate,  prohibit  and  suppress  tippling 
houses,  dram  shops,  gambling  houses,  bawdy  houses,  and  other  dis¬ 
orderly  houses,  and  the  selling  or  giving  away  of  any  intoxicating 
or  malt  liquors,  by  any  person  within  the  city,  except  by  persons 
duly  licensed. 

Sec.  23.  To  provide  for  the  prevention  and  extinguishment  of 
fires;  to  organize  and  establish  tire  companies,  and  to  regulate  of 
prohibit  the  erection  of  wooden  buildings  in  any  part  of  the  city. 

Sec.  24.  To  regulate  the  fixing  of  the  chimneys,  and  to  fix  the 
flues  thereof. 

•  Sec.  25.  To  regulate  the  storage  of  gunpowder,  tar,  pitch,  rosin 
and  other  combustible  materials. 

Sec.  26.  To  regulate  and  order  parapet  walls  and  partition 
fences,  and  restrain  cattle,  hogs,  sheep  and  dogs  from  running  at 
large. 

Sec.  27.  To  establish  standard  weights  and  measures,  and  regu¬ 
late  the  weights  and  measures  to  be  used  in  the  city  in  all  cases,  not 
otherwise  provided  for  by  law,  and  to  order  all  laws  on  the  subject 
to  be  enforced,  and  to  fix  and  enforce  payment  of  fines  for  non- 
compliance  with  any  such  order. 

Sec.  28.  To  provide  for  the  inspection  and  measuring  of  lumber, 
and  other  building  materials,  and  for  the  measuring  of  all  kinds  of 
mechanical  work. 

Sec.  29.  To  provide  for  the  inspection  and  weighing  of  hay  and 
stone  coal,  the  measurement  of  charcoal,  fire  wood  and  other  fuel,  to 
be  sold  and  used  within  the  city. 

Sec.  30.  To  provide  for  and  regulate  tfie  inspection  of  tobacco, 
and  of  beef,  pork,  flour,  meal  and  whiskey  in  barrels. 

Sec.  31.  To  regulate  the  inspection  of  butter,  lard,  and  other 
provisions. 


17 


LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 


Sec.  32.  To  regulate  the  weight  and  quality  of  bread  to  be  used 
in  the  city. 

Sec.  33.  To  regulate  the  size  of  bricks  to  be  sold  and  used  in  the 
city. 

Sec.  34.  To  provide  for  taking  enumerations  of  the  inhabitants 
of  the  city. 

Sec.  35.  To  regulate  the  election  of  city  officers,  and  to  provide 
for  removing  from  office  any  person  holding  an  office  created  by 
ordinance. 

Sec.  36.  To  fix  the  compensation  of  all  city  officers,  and  regu¬ 
late  the  fees  of  jurors,  witnesses  and  others,  for  services  rendered 
under  this  act  or  any  ordinance  made  in  pursuance  thereof. 

Sec.  37.  To  regulate  the  police  of  the  city,  to  impose  fines  and 
forfeitures  and  penalties  for  the  breach  of  any  ordinance,  and  to  pro¬ 
vide  for  the  recovery  and  appropriation  of  such  fines  and  forfeitures, 
and  the  enforcement  of  such  penalties;  and  all  moneys  collected 
under  and  by  authority  of  any  city  ordinance  shall  be  deemed  and 
taken  to  belong  to  said  city,  and  disposed  of  by  the  City  Council, 
under  the  ordinances  of  said  city,  for  the  general  use  and  benefit  of 
the  inhabitants  thereof. 

Sec.  38.  The  City  Council  shall  have  exclusive  power  within 
the  city,  by  ordinance,  to  suppress  and  restrain  billiard  tables  and 
bowling  alleys. 

Sec.  39.  The  City  Council  shall  have  power  to  make  all  ordi¬ 
nances  which  shall  be  necessary  and  proper  for  carrying  into  execu¬ 
tion  the  powers  specified  in  this  act,  so  that  such  ordinance  be  not 
repugnant  to  or  inconsistent  with  the  constitution  of  the  United 
States  or  of  this  State. 

Sec.  40.  The  style  of  the  ordinances  shall  be  “  Be  it  ordained 
by  the  City  Council  of  the  City  of  FreepOrt. ” 

Sec.  41 .  All  ordinances  passed  by  the  City  Council  shall,  within 
one  month  after  they  shall  have  been  passed,  be  published  in  some 
newspaper  in  the  city,  or  posted  up  in  three  of  the  most  public  places 
in  said  City  of  Freeport,  and  shall  not  be  in  force  till  they  shall  have 
been  published  as  aforesaid. 

Sec.  42.  All  ordinances  of  the  city  may  be  proven  by  the  seal 
of  the  corporation,  and  when  printed  in  book  or  pamphlet  form,  and 
purporting  to  be  printed  and  published  by  authority  of  the  corpora¬ 
tion,  the  same  shall  be  received  in  evidence  in  all  courts  and  places 
without  further  proof. 

3 


18 


OF  THE  MAYOR 


ARTICLE  VI. 

OF  THE  MAYOR. 

Section  Section 

1.  Mayor  shall  preside  at  meetings  of  5.  May  require  officers  to  exhibit  books 
City  Council;  vote  in  case  of  a  tie;  in  and  papers. 

absence  of  Mayor  who  shall  preside.  6.  May  execute  all  acts  required  by  ordi- 

2.  Mayor  or  two  Aldermen  may  call  nance. 

special  meetings  of  City  Council  7.  Mayor’s  power  in  quarantine  and 

3.  Mayor’s  duty  to  enforce  ordinances,  health  affairs. 

inspect  conduct  of  officers,  cominuni-  S.  Compensation  in  certain  cases, 
cate  information  and  recommend  y.  May  be  indicted  for  violation  of  duty 
measures  to  City  Council.  and  on  conviction,  lined  and  removed 

4.  Mayor  may  call  on  inhabitants  to  aid  from  office, 
in  enforcing  ordinances;  in  cases  of 

riots  may  cali  out  militia. 

Section  1.  The  Mayor  shall  preside  at  all  meetings  of  the  City 
Council,  and  in  case  of  a  tie  shall  have  a  casting  vote,  and  in  no 
other;  in  case  of  non-attendance  of  the  Mayor  at  any  meeting,  the 
board  of  Aldermen  shall  appoint  one  of  their  own  number  chair¬ 
man,  who  shall  preside  at  the  meeting,  but  shall  not  thereby  lose 
his  right  to  vote  on  any  question  before  the  board. 

Sec.  2.  The  Mayor  or  any  two  Aldermen  may  call  special 
meetings  of  the  City  Council. 

Sec.  3.  The  Mayor  shall  at  all  times  be  vigilant  and  active  in 
enforcing  the  laws  and  ordinances  for  the  government  of  the  city  ; 
he  shall  inspect  the  conduct  of  all  subordinate  officers  of  said  city, 
and  cause  negligence  and  positive  violation  of  duty  to  be  prosecuted 
and  punished ;  he  shall,  from  time  to  time,  communicate  fco  the 
Aldermen  such  information  and  recommend  all  such  measures  as  in 
his  opinion  may  tend  to  the  improvement  of  the  finances,  the  police, 
the  health,  security,  comfort  and  ornament  of  the  city. 

Sec.  4.  He  is  hereby  authorized  to  call  on  every  male  inhabi¬ 
tant  of  said  city,  over  the  age  of  eighteen  years,  to  aid  in  enforcing 
the  laws  and  ordinances,  and  in  cases  of  riots,  to  call  out  the  militia, 
to  aid  him  in  suppressing  the  same  or  other  disorderly  conduct,  pre¬ 
venting  and  extinguishing  fires,  for  securing  the  peace  and  safety  of 
the  city,  or  in  carrying  into  effect  any  law  or  ordinance ;  and  any 
person  who  shall  not  obey  such  cali  shall  forfeit  to  said  city  a  fine  not 
exceeding  five  dollars. 

Sec.  5.  He  shall  have  power,  whenever  he  shall  deem  it  neces¬ 
sary,  to  require  of  any  of  the  officers  of  said  city  an  exhibit  of  his 
books  and  papers. 

Sec.  6.  He  shall  have  power  to  execute  all  acts  that  may  be 
required  of  him  by  any  ordinance  made  in  pursuance  of  this  act. 


CITY  CHAETER. 


19 


Sec.  7.  He  shall  also  have  such  power  as  may  be  vested  in  him 
by  ordinance  of  the  city  in  and  over  all  places  within  five  miles  of 
the  boundaries  of  the  city,  for  the  purpose  of  enforcing  the  health 
and  quarantine  ordinances  and  regulations  thereof. 

Sec.  8.  He  shall  receive  for  his  services,  outside  of  the  city, 
such  compensation  as  shall  be  fixed  by  ordinance  of  the  city. 

Sec.  9.  In  case  the  Mayor  shall  at  any  time  be  guilty  of  a  palpa¬ 
ble  omission  of  duty,  or  shall  willfully  and  corruptly  be  guilty  of 
oppression,  mal conduct  or  partiality  in  the  discharge  of  the  duties 
of  his  office,  he  shall  be  liable  to  be  indicted  in  the  Circuit  Court  of 
the  County  of  Stephenson,  and  on  conviction,  he  shall  be  fined  not 
more  than  two  hundred  dollars ;  and  the  Court  shall  have  power,  on 
recommendation  of  the  jury,  to  add  to  the  judgment  of  the  Court 
that  he  be  removed  from  office. 


ARTICLE  VII. 

OF  PROCEEDINGS  IN  SPECIAL  CASES. 

Section  Section 

1.  Owners  of  private  property  taken  for  4.  Rule  for  assessing  damages, 

streets,  to  be  compensated;  mode  of  5.  Mayor  may  set  aside  the  decision  for 
estimating  the  same.  cause. 

2.  Streets  opened,  etc.,  by  petition  of  all  6.  City  Council  may  levy  special  tax  for 
interested,  no  compensation  allowed.  paving  sidewalks,  etc. 

3.  Jurors  assessing  damages  to  be  sworn 
and  make  report  in  writing  to  the 
Mayor. 

Section  1.  When  it  shall  be  necessary  to  take  private  property 
for  opening,  widening  or  altering  any  public  street,  lane,  avenue,  or 
alley,  the  corporation  shall  make  a  just  compensation  to  the  person 
whose  property  is  so  taken ;  and  when  the  amount  of  such  compen¬ 
sation  cannot  be  agreed  on,  the  Mayor  shall  cause  the  same  to  be 
ascertained  by  a  jury  of  six  disinterested  persons,  freeholders  of  the 
city. 

Sec.  2.  When  the  owners  of  all  the  property  on  a  street,  lane, 
avenue  or  alley  proposed  to  be  opened,  widened  or  altered  shall 
petition  therefor,  the  City  Council  may  open,  widen  or  alter  such 
street,  lane,  avenue  or  alley,  upon  condition,  to  be  prescribed  by 
ordinance ;  but  no  compensation  shall,  in  such  case,  be  made  to 
those  whose  property  shall  be  taken,  their  tenants  or  others,  for  the 
opening,  widening  or  altering  such  street,  lane,  avenue  or  alley,  nor 
shall  there  be  any  assessment  of  benefits  or  damages  that  may  accrue 
thereby  to  any  of  the  petitioners. 


20 


OF  PROCEEDINGS  IN  SPECIAL  CASES. 


Sec.  3.  All  jurors  empanneled  to  inquire  into  the  amount  of 
benefits  or  damages  which  shall  happen  to  the  owners  of  property 
proposed  to  be  taken  for  opening,  widening  or  altering  any  street, 
avenue,  lane  or  alley,  shall  first  be  sworn  to  that  effect,  and  shall  • 
return  to  the  Mayor  their  inquest,  in  writing,  and  signed  by  each 
juror. 

Sec.  4.  In  ascertaining  the  amount  of  compensation  for  prop¬ 
erty  taken  for  opening  or  widening  or  altering  any  street,  avenue, 
lane  or  alley,  the  jury  shall  take  into  consideration  the  benefit  as 
well  as  the  injury  happening  by  such  opening,  widening  or  altering 
such  street,  lane,  avenue  or  alley. 

Sec.  5.  The  Mayor  shall  have  power,  for  good  cause  shown 

within  ten  days  after  inquest  shall  have  been  returned  to  him  as 

aforesaid,  to  set  the  same  aside  and  cause  a  newr  inquest  to  be  made. 

Sec.  6  The  City  Council  shall  have  powder,  by  ordinance,  to 

levy  and  collect  a  special  tax  on  the  holders  of  lots  in  any  street, 

iane,  avenue  or  alley,  according  to  their  respective  fronts,  for  the 
purpose  of  paving,  grading  or  planking  side- walks  and  lighting 
such  street,  lane,  avenue  or  alley :  Provided ,  said  tax  shall  not 
exceed  the  actual  cost  of  said  side-walks  and  lighting  respectively, 
which  tax  shall  be  collected  in  the  same  manner  as  other  city  taxes. 


CITY  CHARTER. 


21 


ARTICLE  VIII. 


MISCELLANEOUS  PROVISIONS. 


Section  Section 

1.  City  Council  may  require  certain  per-  13.  Charter  declared  a  public  act. 
sons  to  labor  on  streets  in  the  city.  14.  Certain  acts  repealed. 

2.  Inhabitants  of  the  city  exemut  from  15.  City  Marshal  and  Constables  author- 


labor  on  streets  beyond  city  limits. 

3.  Offenders  may  be  punished  by  im¬ 
prisonment  in  certain  cases. 

4.  Annual  statement  of  receipts  and  ex¬ 
penditures  to  be  published. 

5.  Ordinances  of  the  Town  of  Freeport 
to  remain  in  force  until  repealed. 


ized  to  execute  process  issued  by  Po¬ 
lice  Magistrate;  City  Marshal  au¬ 
thorized  to  do  ail  acts  that  a  Constable 
may  do. 

16.  Election  for  the  adoption  of  this 
Charter. 

17.  City  Council  may  control  construe  - 


6.  Suits  to  be  prosecuted  in  the  name  of  tion  of  railroad  tracks,  etc  ,and  regu- 

the  City  of  Freeport.  late  speed  of  locomotives. 

7.  Fines,  etc.,  accruing  to  Town  of  Free-  18.  Actions  under  ordinances,  how 

port  to  be  invested  in  the  city.  brought. 

8  Property  of  the  Town  of  Freeport  to  19.  The  first  process  shall  be  a  summons; 

be  vested  in  the  city.  when  warrant  may  issue 

9.  This  act  not  to  invalidate  any  act  of  20.  Execution  to  issue  on  rendition  of 
the  Town  of  Freeport.  judgment;  when  body  of  defendant 

19.  Trustees  of  the  Town  of  Freeport  to  may  be  taken  and  imprisoned. 

promulgate  this  act  and  call  an  elec-  21.  Affidavit  of  printer  or  publisher  of 
tion  of  officers.  newsnaper  as  to  publication  of  ordi- 

11.  Appeals  allowed  in  cases  arising  un-  nances  conclusive  proof. 

der  ordinacces.  22.  City  Marshal  and  other  officers  au- 

12.  In  case  of  absence  or  death  of  Mayor,  thorized  to  arrest  persons  violating 
City  Council  to  elect  Mayor  pro  tern,.  ordinances. 


Section  1.  The  City  Council  shall  have  power,  for  the  purpose 
of  keeping  the  streets,  lanes,  avenues  and  alleys  in  repair,  to  require 
every  able  bodied  male  inhabitant  in  said  city  over  the  age  of 
twenty-one  years,  to  labor  on  said  streets,  lanes,  avenues  and  alleys, 
not  exceeding  three  days  in  each  and  every  year ;  and  every  person 
failing  to  perform  such  labor,  when  duly  notified  by  the  Street  Com¬ 
missioner,  shall  forfeit  and  pay  one  dollar  for  each  day  so  neglected 
or  refused. 

Sec.  2.  The  inhabitants  of  the  City  of  Freeport  are  hereby 
exempted  from  working  on  any  road  beyond  the  limits  of  the  city, 
and  from  paying  any  tax  to  procure  laborers  to  work  upon  the  same. 

Sec.  3.  The  City  Council  shall  have  power  to  provide  for  the 
punishment  of  offenders  by  imprisonment  in  the  county  jail,  in  all 
cases  when  such  offenders  shall  fail  or  refuse  to  pay  the  fines  and 
forfeitures  which  may  be  recovered  against  them. 

Sec.  4.  The  City  Council  shall  cause  to  be  published,  annually, 
a  full  and  complete  statement  of  all  moneys  received  and  expended 
by  the  corporation  during  the  preceding  year,  and  on  what  account 
received  and  expended. 


99 

M  — 


MISCELLANEOUS  PROVISIONS. 


Sec.  5.  All  ordinances  and  resolutions  passed  by  the  President 
and  Trustees  of  the  Town  of  Freeport  shall  remain  in  full  force 
until  the  same  shall  have  been  repealed  by  the  City  Council  hereby 
created. 

Sec.  6.  All  suits,  actions  and  prosecutions  instituted,  com¬ 
menced  or  brought  by  the  corporation  hereby  created,  shall  be 
prosecuted  in  the  name  of  the  City  of  Freeport. 

Sec.  7.  All  actions,  tines,  penalties  and  forfeitures  which  have 
accrued  to  the  President  and  Trustees  of  the  Town  of  Freeport  shall 
be  vested  in  and  prosecuted  by  the  corporation  hereby  created. 

Sec.  8.  All  property,  real  and  personal,  heretofore  belonging  to 
the  President  and  Trustees  of  the  Town  of  Freeport,  for  the  use  of 
the  inhabitants  of  said  town,  shall  be  and  the  same  is  hereby  declared 
to  be  vested  in  the  corporation  hereby  created. 

Sec.  9.  This  Charter  shall  not  invalidate  any  act  done  by  the 
President  and  Trustees  of  the  Town  of  Freeport,  nor  divest  them 
of  any  rights  which  may  have  accrued  to  them  prior  to  the  passage 
of  this  act. 

Sec.  10.  The  President  and  Trustees  of  the  Town  of  Freeport, 
shall  immediately  after  the  passage  of  this  act,  take  measures  to 
promulgate  this  law  within  the  limits  of  the  City  of  Freeport  and 
issue  their  proclamation  for  the  election  of  officers,  and  cause  the 
same  to  be  published  in  all  the  city  newspapers  prior  to  the  day  of 
the  election  of  said  officers. 

Sec.  11.  Appeals  shall  be  allowed  from  decisions  in  all  cases 
arising  under  the  provisions  of  this  act  or  any  ordinance  passed  in 
pursuance  thereof  to  the  Circuit  Court  of  said  Stephenson  County, 
and  every  such  appeal  shall  be  granted  in  the  same  manner  and  with 
like  effect  as  appeals  are  taken  from  and  granted  by  Justices  of  the 
Peace  to  the  Circuit  Court  under  the  laws  of  this  State. 

Sec.  12.  Whenever  the  Mayor  shall  absent  himself  from  the 
city,  or  resign,  or  die,  or  his  office  shall  otherwise  be  vacated,  the 
board  of  Aldermen  shall  immediately  proceed  to  elect  one  of  their 
number  President,  who  shall  be  Mayor  pro  tern ,  until  the  office  shall 
be  tilled  by  election,  as  herein  provided. 

Sec.  13.  This  act  is  hereby  declared  to  be  a  public  act,  and  may 
be  read  in  evidence  in  all  the  courts  of  law  and  equity  within  this 
State  without  proof. 

Sec.  14.  All  acts  or  parts  of  acts  coming  within  the  provisions 
of  this  Charter  or  contrary  to  or  inconsistent  with  its  provisions  are 
hereby  repealed. 

Sec.  15.  The  City  Marshal  and  the  Constables  within  said  City 
of  Freeport  shall  be  authorized  and  have  power  to  execute  anywhere 
within  the  limits  of  the  County  of  Stephenson  all  process  issued  by 
the  Police  Magistrates  of  said  city  or  other  Magistrates  within  said 
city ;  and  the  said  Marshal  shall  have  power  to  do  all  acts  that  a 


CITY  CHARTER 


23 


Constable  mav  lawfully  do,  and  shall  receive  the  same  fees  as  are 
allowed  to  Constables  in  similar  cases,  and  shall  give  bond  as  Con¬ 
stables  are  required  by  law  to  give,  which  bond  shall  be  filed  in  the 
office  of  the  County  Clerk. 

Sec.  16.  The  President  and  Trustees  of  the  Town  of  Freeport 
shall  cause  an  election  to  be  held  in  said  town  on  the  second  Monday 
of  March  next,  at  which  the  inhabitants  residing  within  the  terri¬ 
tory  described  within  the  second  section  of  the  first  article  of  this 
act,  who  are  authorized  to  vote  for  State  officers,  shall  vote  “  for  the 
Charter”  or  “against  the  Charter,”  and  if  a  majority  of  votes  given 
at  such  election  be  for  the  Charter,  then  this  act  shall  immediately 
take  effect  as  a  law;  but  if  a  majority  of  the  votes  shall  be  against 
the  Charter,  then  this  is  to  be  of  no  effect:  Provided,  that  if  a 
majority  of  the  votes  given  at  such  election  shall  be  against  the 
Charter,  an  election  shall  be  holden  in  the  same  manner  as  herein 
provided  for  the  first  election,  on  the  first  Monday  of  October  next,  at 
which  election  the  electors,  as  aforesaid,  shall  vote  “  for  the  Charter” 
or  “against  the  Charter;”  and  if  at  said  election  a  majority  of  the 
votes  shall  be  for  the  Charter,  then  this  act  shall  immediately  take 
effect ;  and  the  first  election  under  the  Charter  shall  be  holden  on 
the  first  Monday  in  the  month  of  November  next,  in  the  same  man¬ 
ner,  in  all  respects,  as  is  provided  in  article  four,  in  section  one  of 
this  Charter,  for  the  first  election  of  city  officers  ;  but  if  a  majority 
of  the  votes  given  at  said  election  shall  be  against  the  Charter,  the 
same  shall  not  take  effect. 

Sec.  17.  The  City  Council  shall  have  power  to  direct  and  con¬ 
trol  the  laying  and  construction  of  railroad  tracks,  bridges,  turnouts 
and  switches  in  the  streets  and  alleys ;  and  the  location  of  depot 
grounds  within  the  city  ;  to  require  that  railroad  tracks,  bridges, 
turnouts  and  switches  shall  be  so  constructed  and  laid  as  to  interfere 
as  little  as  possible  with  ordinary  travel  and  the  use  of  the  streets 
and  alleys,  and  that  sufficient  space  should  be  left  on  either  side  of 
said  tracks  for  the  safe  and  convenient  passage  of  trains  and  persons; 
to  require  railroad  companies  to  keep  in  repair  the  streets  through 
which  their  track  may  run,  and  to  construct  and  keep  in  repair  suit¬ 
able  crossings  at  the  intersection  of  streets  and  alleys  and  ditches, 
sewers  and  culverts,  when  the  City  Council  shall  deem  necessary  ;  to 
direct  and  prohibit  the  use  and  regulate  the  speed  of  locomotive 
engines  within  the  inhabited  portions  of  the  city. 

Sec.  18.  All  actions  brought  to  recover  any  penalty  or  forfeiture 
under  this  act  or  any  ordinance,  by-law  or  police  regulation  made  in 
pursuance  thereof,  shall  be  brought  in  the  corporate  name,  and  it 
shall  be  lawful  to  declare  generally  in  debt  for  such  penalty,  fine  or 
forfeiture,  stating  the  clause  of  this  act  or  the  by-law  or  ordinance 
under  which  the  penalty  or  forfeiture  is  claimed,  and  to  give  the 
special  matter  in  evidence  under  it. 


24 


MISCELLANEOUS  PROVISIONS. 


Sec.  19.  In  all  prosecutions  for  any  violation  of  any  ordinance, 
by-law  or  other  regulation,  the  first  process  shall  be  by  summons, 
unless  oath  or  affirmation  be  made  for  a  warrant,  as  in  other  cases. 

Sec.  20.  Execution  may  be  issued  immediately  on  rendition  of 
judgment;  and  if  the  defendant  has  no  goods,  or  chattels,  or  real 
estate  within  the  County  of  Stephenson  whereof  the  judgment  can 
be  collected,  the  officer  rendering  such  judgment  may  require  the 
defendant  to  be  confined  in  the  county  jail  for  a  term  not  exceeding 
six  months,  and  all  persons  who  may  be  committed  under  this  sec¬ 
tion  shall  be  confined  one  day  for  each  one  dollar  of  such  judgment 
and  costs. 

Sec.  21.  The  affidavit  of  the  printer  or  publisher  of  any  news¬ 
paper  in  which  any  ordinance  may  be  published,  as  required  in  article 
five,  section  forty-one,  of  this  act,  taken  before  any  officer  authorized 
to  administer  oaths,  and  filed  with  the  City  Clerk,  shall  be  conclu¬ 
sive  evidence  of  the  legal  publication  of  such  ordinance  in  all  courts 
and  places. 

Sec.  22.  The  City  Marshal  and  such  other  officers  of  said  city  as 
may  be  authorized  by  any  ordinance,  shall  have  power  to  arrest  or 
cause  to  be  arrested,  with  or  without  process,  all  persons  who  shall 
break  the  peace  or  threaten  to  break  the  peace,  or  be  found  violating 
any  ordinance  of  this  city,  commit  for  examination,  and  if  necessary 
detain  such  person  in  custody  over  night  or  the  Sabbath,  or  until  he 
can  be  brought  before  a  Magistrate,  and  shall  have  and  exercise  such 
other  powers  as  conservators  of  the  peace  as  the  City  Council  may 
prescribe. 

Sec.  23.  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  14,  1855. 


AMENDMENTS  TO  CITY  CHARTER. 


- + 


AN  ACT  to  amend  an  Act  entitled  “  An  Act  .to  incorporate  the  City  of  Freeport.’' 
approved  February  11, 1855. 


ASSESSMENTS  FOR  PUBLIC  IMPROVEMENTS. 

Sect  con  Section. 

1.  City  empowered  to  improve  streets  8.  New  assessment  when  first  insuffi- 

by  planning,  etc  ,  to  construct  side-  cient;  excess  to  be  refunded, 
walks,  sewers,  etc.,  to  improve  pub-  0  Owner  to  construct  sidewalks  and 
lie  grounds,  etc.  drains  when  ordered  ;  how  assessed. 

2.  Expenses  to  be  assessed  upon  real  10.  Expense  of  removing  nuisances  may 

estate  benefited.  be  assessed ;  collectible  by  suit. 

3.  Council  to  fix  amount  to  be  assessed;  11.  Clerk  may  swear  Commissioners,  and 

appointment  of  Commissioners.  may  ad  mister  any  oath  requited  by 

4.  Commissioners  togive  noticeof  meet-  City  Charter;  compensation  ol  Com¬ 

ing;  to  assess  the  amount  on  real  missioners;  City  Attorney  to  pre¬ 
estate;  their  roll.  pare  papers. 

5.  Assessment  to  be  signed  and  deliv-  12.  Guardians  when  and  by  whom  to  be 

ered  to  Clerk  within  forty  days;  appointed. 

Clerk  to  give  notice.  13.  Members  of  City  Council  and  firemen 

6.  Objections  may  be  filed;  heard  by  exempt  from  serving  on  juries  and 

Council;  proceedings  therein.  road  labor. 

7.  Vac  ancies  in  office  of  Commission-  14.  Fines  and  penalties  to  be  paid  into 

ers,  how  filled.  City  Treasury  in  certain  cases. 

15.  When  this  act  in  force. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly ,  That  the  City  Council  of  the 
City  of  Freeport  shall  have  power  from  time  to  time. 

First .  To  cause  any  street,  alley  or  highway  to  be  paved  Macad¬ 
amized  or  planked  and  keep  the  same  in  repair. 

Second.  To  cause  cross-walks  and  side-walks,  main  drains  and 
sewers,  private  drains  and  aqueducts,  to.be  constructed  and  laid, 
relaid,  cleansed  and  repaired,  and  regulate  the  same. 

Third.  To  grade,  improve,  protect  and  ornament  any  public 
square,  now  or  hereafter  laid  out. 


20 


AMENDMENTS  TO  CITY  CHARTER. 


Sec.  2.  The  expenses  of  any  improvement  mentioned  in  the 
foregoing  section,  (except  side-walks  and  private  drains,)  shall  he 
ii'S  issed  upon  the  real  estate  in  any  natural  division  benefited  thereby,  * 
with  the  costs  of  the  proceedings  therein,  in  proportion  as  nearly  as 
may  be  to  the  benefits  resulting  thereto. 

Sec.  3.  The  amount  to  be  assessed  for  any  such  improvement, 
(except  side-walks  and  private  drains,)  shall  be  determined  by  the 
City  Council,  and  they  shall  by  ballot  appoint,  by  a  majority  of  all 
the' Aldermen  authorized  by  law  to  be  elected,  three  reputable  free¬ 
holders  of  the  city,  to  make  such  assessment.  The  Commissioners 
shall  be  sworn  faithfully  and  impartially  to  execute  their  duty  to  the 
best  of  their  ability. 

Sec.  4.  Before  entering  upon  their  duties,  the  Commissioners 
shall  give  six  days’  notice  in  the  corporation  newspaper,  of  the  time 
and  place  of  meeting,  to  all  persons  interested,  and  they  may  if  neces¬ 
sary  adjourn  from  day  to  day.  The  Commissioners  shall  assess  the 
amount  directed  by  the  City  Conned  to  be  assessed  upon  the  real 
estate  by  them  deemed  benefited  by  any  such  improvement,  in  pro¬ 
portion  to  the  benefit  resulting  thereto,  as  nearly  as  may  be,  and 
briefly  describe  in  the  assessment  roll  to  be  made  by  them,  the  real 
estate  in  respect  to  which  any  assessment  is  made,  and  the  value 
thereof. 

Sec.  5.  When  the  Commissioners  shall  have  completed  their 
assessment,  and  made  a  corrected  copy  thereof,  they  shall  deliver  the 
same  to  the  City  Clerk,  within  forty  days  after  their  appointment, 
signed  by  all  the  Commissioners.  The  Clerk  shall  thereupon  cause  a 
notice  to  be  published  in  the  corporation  newspaper  for  six  days,  to 
all  persons  interested,  of  the  completion  of  the  assessment,  and  the 
filing  of  the  roll.  Time  and  place  shall  be  designated  therein  for 
hearing  objections. 

Sec.  (5.  Any  person  interested  may  appeal  to  the  City  Council 
for  the  correction  of  the  assessment.  Appeals  shall  be  in  writing, 
and  filed  in  the  Clerk’s  office  within  ten  days  after  the  first  publica¬ 
tion  of  said  notice.  The  Council  may  adjourn  such  hearing  from  day 
to  day,  and  shall  have  power  in  case  of  appeal  or  otherwise,  in  their 
discretion  to  revise  and  correct  the  assessment,  and  confirm  or 
amend  the  same  and  direct  a  new  assessment  to  be  made,  in  the 
manner  hereinbefore  directed,  by  the  same  Commissioners,  or  by 
three  others,  which  shall  be  final  and  conclusive  on  all  parties  inter¬ 
ested,  if  confirmed.  When  confirmed  the  assessment  shall  bo 
collected  as  in  other  cases,  and  no  appeal  or  writ  of  error  shall  lie  in 
any  case  from  such  order  and  determination.  If  any  assessment  be 
set  aside  by  order  of  any  court,  the  City  Council  may  cause  a  new  one 
to  be  made  in  like  manner  for'  the  same  purpose,  for  the  collecting 
of  the  amount  so  assessed. 


ASSESSMENTS  FOR  PUBLIC  IMPROVEMENTS. 


27 


Sec.  7.  If  any  vacancy  happen  in  the  office  of  Commissioners,  at 
any  time,  by  reason  of  removal,  failure  or  refusal,  or  inability,  from 
sickness  or  other  cause,  to  serve,  the  City  Council  may  fill  such 
vacancy. 

Sec.  8.  If  the  first  assessment  prove  insufficient,  anothe  r  n  ay  be 
made  in  the  same  manner,  or  if  too  large  a  sum  shall  at  any  time  be 
raised,  the  excess  shall  be  refunded,  rateably,  to  those  by  whom  it 
was  paid. 

Sec.  9.  All  owners  or  occupants,  in  front  of  or  upon  whose 
premises  the  City  Council  shall  order  and  direct  side- walks,  or  private 
drains,  communicating  with  any  main  drain,  to  be  constructed, 
repaired,  relaid  or  cleansed,  shall  make,  repair,  relay  or  cleanse  such 
side-walks  or  private  drains  at  their  own  cost  and  charges,  in  the 
manner  and  within  the  time  prescribed  by  ordinance  or  otherwise, 
and  if  not  done  in  the  manner  and  within  the  time  prescribed,  the 
Council  may  cause  the  same  to  be  constructed,  repaired,  relaid,  or 
cleansed,  and  assess  the  expenses  thereof,  by  and  order  to  be  entered 
in  their  proceedings,  upon  such  lots  respectively,  and  collect  the 
same,  by  warrant  and  sale  of  the  premises,  as  in  other  cases.  A  suit 
may  also  be  maintained  against  the  owner  or  occupant  of  such 
premises,  for  recovery  of  such  expenses  as  for  money  paid  and  laid 
out  to  his  use  at  his  request. 

Sec.  10.  In  all  cases  where  expenses  may  be  incurred  in  the 
removal  of  any  nuisance,  the  City  Council  may  cause  the  same  to  be 
assessed  against  the  real  estate  chargeable  therewith,  in  the  manner 
prescribed  in  the  foregoing  section.  Such  expenses  shall  be  likewise 
collectible  of  the  owner  or  occupant  of  such  premises,  in  a  suit  for 
money  expended  to  his  or  their  use.  In  case  the  same  should  not  be 
chargeable  to  any  real  estate,  suit  may  in  like  manner,  be  brought 
for  such  expenses,  against  the  author  of  such  nuisance,  when  known 
or  any  person  whose  duty  it  may  be  to  remove  or  abate  the  same. 

Sec.  11.  Commissioners  appointed  under  this  act  may  be  sworn 
into  office  by  the  City  Clerk.  The  City  Clerk  shall  also  have  power 
to  administer  any  oath  required  to  be  taken  by  the  act  to  which  this 
is  an  amendment,  or  by  the  ordinances  made  in  pursuance  thereof. 
Commissioners  appointed  under  this  act  shall  be  allowed  two  dollars 
per  day,  each,  for  actual  services,  which,  together  with  all  other 
expenses  in  relation  to  any  assessment  made  in  pursuance  of  this  act, 
shall  be  deemed  part  of  the  expenses  of  the  improvement,  and 
included  therein.  The  City  Attorney  shall  prepare  such  papers  and 
make  such  examination  as  they  may  request. 

Sec.  12.  When  any  known  owner  residingnn  said  city  or  else¬ 
where  shall  be  an  infant,  and  any  proceedings  shall  be  had  under 
this  act,  the  Judge  of  the  County  Court  of  Stephenson  County  may 
upon  the  application  of  the  City  Council,  or  such  infant,  or  his  next 
friend,  appoint  a  guardian  for  such  infant,  taking  security  from  such 


28 


AMENDMENTS  TO  CITY  CHARTER. 


guardian  for  the  faithful  execution  of  such  trust,  and  all  notices  and 
summons  required  by  this  act,  shall  be  served  on  such  guardian. 

Sec.  13.  The  members  of  the  City  Council  and  firemen  shall 
during  their  term  of  service  as  such,  be  exempt  from  serving  on 
juries  in  all  courts  of  this  State  and  in  the  militia,  and  shall  likewise 
be  exempt  from  working  out  any  road  or  street  tax.  The  name  of 
each  fireman  shall  be  registered  with  the  City  Clerk,  and  the  evidence 
to  entitle  him  to  the  exemption  provided  in  this  section  shall  be  the 
certificate  of  the  Clerk,  made  within  the  year  in  which  the  exemption 
is  claimed. 

Sec.  14.  Hereafter  all  fines  and  forfeitures,  collected  for  penal¬ 
ties  incurred  within  the  incorporated  limits  of  the  City  of  Freeport, 
shall  be  paid  into  the  Treasury  of  said  city  by  the  officers  collecting 
the  same. 

Sec.  15.  This  act  shall  be  deemed  a  public  act,  and  shall  be  in 
force  from  and  after  its  passage. 

Approved  February  11,  1857. 


AN  ACT  to  amend  an  Act  entitled  “An.  Act  to  incorporate  the  City  of  Freeport, 
approved  February  14, 1855. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  City  Council  of  the 
City  of  Freeport  be  and  they  are  hereby  authorized  and  empowered 
to  issue  bonds  of  said  City  of  Freeport,  drawing  ten  per  cent,  interest, 
per  annum,  to  the  amount  of  four  thousand  dollars,  for  the  purpose 
of  canceling  the  present  floating  indebtedness  of  said  City  of 
Freeport. 

Sec.  2.  This  act  to  be  in  force  and  take  effect  from  and  after  its 
passage. 

Approved  February  20,  1861. 


AMENDMENTS  TO  CITY  CHARTER. 


29 


AN  ACT  to  amonfl  an  Act  entitled  “An  Act  to  incorporate  the  City  of  Freeport,” 
approved  February  11,  1855. 

Section  Section 

1.  Power  to  revise,  correct  and  equalize  4.  Power  to  license  persons  peddling  by 

assessment  roll.  sample. 

2.  Power  to  restrain  and  punish  malici-  5.  Mayor  to  hold  office  two  years. 

ous  injury.  G.  Conflicting  acts  repealed, 

3.  Power  to  restrain  vagrants,  beggars,  7.  This  act  a  public  act. 

&c. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  City  Council  of  the 
City  of  Freeport  shall  have  power,  upon  the  return  of  the  assess¬ 
ment  roll  by  the  City  Assessor,  to  add  to  the  said  roll,  any  property, 
real  or  personal,  within  said  city  (subject  to  taxation)  which  may  be 
omitted  by  the  Assessor  at  any  time  hereafter,  and  for  the  purpose 
of  equalizing  the  same,  they  shall  have  power  to  alter,  add  to,  take 
from  and  otherwise  correct  and  revise  the  same,  or  to  refer  the  said 
roll  back  to  the  Assessor,  with  instructions  to  revise,  alter  or 
otherwise  correct  the  same. 

Sec.  2.  The  City  Council  shall  have  power  to  restrain  and 
punish  by  fine,  any  person  or  persons  who  shall  willfully  and  mali¬ 
ciously,  in  any  way,  cut,  deface,  damage,  or  mark,  by  writing  or 
otherwise,  any  fence  or  wall,  inclosing  either  public  or  private  prop¬ 
erty,  or  shall  willfully  and  maliciously  cut,  mark,  deface,  or  in  any 
way  injure  the  out  or  inside  wall  of  any  building,  either  public  or 
private,  in  said  city,  or  shall  willfully  [and]  maliciously  cut,  mark, 
damage,  or  mar  in  any  way  any  pew,  seat,  desk,  table,  chair,  or  any 
of  the  furniture  or  fixtures  in,  or  belonging  to  any  building,  house 
or  place,  either  public  or  private,  in  said  city  :  Provided ,  that  such 
person  or  persons  as  aforesaid  shall  not  have  a  legal  right  to  do  the 
same. 

Sec.  3.  The  City  Council  shall  have  power  to  restrain  and 
punish  by  fine,  vagrants,  mendicants,  and  persons  able  to  work  and 
not  having  wherewith  to  maintain  themselves,  who  shall  be  found 
loitering  about  public  places  where  liquors  are  sold,  leading  an  idle, 
immoral  or  profligate  course  of  life,  or  any  person  who  shall  frequent 
gambling  houses  or  rooms,  or  other  disreputable  or  suspicious  places 
in  said  city. 

Sec.  4.  The  City  Council  shall  have  power  to  license,  tax  and 
regulate,  any  [person  or  persons,  who  shall  peddle,  sell  or  offer,  or 
contract  to  sell  at  retail,  by  sample,  any  book,  goods,  wares  or 
merchandize  of  any  kind  in  said  city. 


30 


AMENDMENTS  TO  CITY  CHARTER. 


Sec.  5.  The  Mayor  of  the  City  of  Freeport  shall  hereafter  when 
elected  and  qualified,  hold  his  office  for  the  term  of  two  years,  and 
until  his  successor  shall  be  elected  and  qualified. 

Sec.  6.  Anything  in  the  act  to  which  this  is  an  amendment  in 
conflict  herewith,  be,  and  the  same  is  hereby  repealed. 

Sec.  7.  This  act  shall  be  deemed  a  public  act,  and  shall  be  in 
force  from  and  after  its  passage. 

Approved  February  16,  1865. 


AN  ACT  to  amend  an  Act.  entitled  “An  Act  to  incorporate  the  City  of  Freeport,” 
in  force  February  14,  18.3%  and  the  several  acts  amendatory  thereto. 


Section  Section 


1.  Power  to  levy  tax  to  pay  interest,  etc.  16. 

2.  Power  to  borrow  money.  17. 

3.  Power  to  tax  lands  exceeding  ten  18. 

acres.  19. 

4.  Power  to  lie  mse  and  tax  Insurance  20. 

Companies  and  Agents.  21. 

5.  Mayor  and  Aldermen  not  to  be  con-  22. 

tractors. 

6.  Persons  in  custody ;  how  released.  23. 

7.  City  not  liable  for  costs.  24. 

8.  Power  to  open  streets,  etc. 

9.  Appointment  of  Commissioners.  2.3. 

10.  Commissioners  to  give  notice.  20. 

11.  B.nildings  upon  land  to  be  taken.  27. 

12.  Notice  to  owner  to  remove.  28. 

13.  Building  to  be  sold  if  owner  refuses  29. 

to  remove. 

14.  Assessment;  how  made.  30. 

15.  Benefits  and  damages.  31. 


Commissioners  to  make  return. 
Council  to  confirm  or  annul. 

Warrant  and  collection. 

Power  to  remove  Commissioners. 
Payment  of  damages. 

As  to  tenant  on  land  taken  wholly. 

As  to  tenant  on  land  part  of  which  is 
taken. 

Right  of  appeal. 

Assessment  to  be  paid  by  landlord; 
not  by  tenant. 

Council  may  change  proceedings. 

If  owner  is  an  infant. 

Salary  of  Mayor  and  Aldermen. 
Eloction  of  City  Attorney,  Clerk,  etc. 
Bower  to  declare  assessments  a  spec¬ 
ial  fund. 

How  paid,  when  made  special  fund. 
Conflicting  acts  repealed. 


Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  in  addition  to  the  powrers 
conferred  by  the  Charter  of  said  city,  the  City  Council  shall  have 
power,  by  ordinance,  to  levy  and  collect  an  annual  tax  on  the  real 
and  personal  estate  within  the  limits  of  the  city,  not  exceeding 
twenty-five  cents  on  each  one  hundred  dollars,  on  the  assessed  value 
thereof;  which  tax,  when  collected,  shall  be  set  apart  and  held 
separate  and  distinct  from  the  other  portion  of  the  city  revenue,  and 
kept  as  a  special  fund  for  the  payment  of  interest  on  the  outstanding 
bonds  of  the  city,  and  for  the  payment  and  liquidation  of  such  bonds 
at  maturity,  and  for  no  other  purpose  whatever :  Provided ,  that 


AMENDMENTS  TO  CITY  CHARTER.  81 


said  tax  shall  be  levied  and  collected  at  the  same  time  and  in  the 
same  manner  that  the  general  taxes  are  levied  and  collected  by  said 
city. 

Sec.  2.  The  City  Council  shall  have  power  and  authority  to 
borrow  money  on  the  credit  of  the  city  and  issue  bonds  of  said  city 
therefor,  drawing  such  rate  of  interest  (not  exceeding  ten  per  cent, 
per  annum,)  as  the  City  Council  may  determine  :  Provided ,  that  no 
sum  or  sums  of  money  shall  be  borrowed  which,  together  with  the 
outstanding  bonds  of  thecity,  shall  at  any  time  exceed,  in  the  aggre¬ 
gate,  the  sum  of  twenty-five  thousand  dollars,  unless  duly  author¬ 
ized  by  the  legal  voters  of  the  city,  at  a  special  election  ordered  by 
the  Mayor  for  that  purpose.  The  Mayor  in  his  proclamation  order¬ 
ing  such  special  election,  shall  state  the  amount  and  objects  of  the 
loan  proposed  to  be  made,  and  shall  cause  the  same  to  be  published 
in  the  newspaper  publishing  the  ordinances  of  said  city  for  thirty 
days  immediately  preceding  the  day  appointed  for  the  holding  of 
such  election  ;  and  if  a  majority  of  all  the  votes  cast  at  said  election 
shall  be  in  favor  of  any  such  loan  the  same  may  be  negotiated  and 
not  otherwise  :  And ,  provided ,  further,  that  the  annual  interest  on 
the  outstanding  bonds  of  the  city,  together  with  the  interest  on  sub¬ 
sequent  issue  of  bonds  under  either  or  any  of  the  provisions  hereof, 
shall  never  exceed  one-half  of  the  revenue  annually  derived  from 
the  general  tax  levied  by  said  city  upon  the  real  estate  within  the 
limits  of  said  city. 

Sec.  3.  That  section  three  of  article  one  of  the  City  Charter  be 
so  amended  as  to  authorize  and  empower  said  city  to  levy  and 
collect  taxes  on  all  parcels  of  land  and  lots  within  the  boundaries  of 
the  city,  in  the  same  manner  and  for  the  same  purposes  that  other 
real  estate  in  said  city  is  taxed,  whether  said  parcels  of  land  and  lots 
exceed  ten  acres  or  not.  And  all  lands  and  lots  that  shall  hereafter 
be  annexed  to  and  form  a  part  of  said  city  shall  be  taxed  for  city 
revenue  and  other  purposes  the  same,  and  in  the  same  manner,  and 
for  the  same  purposes,  that  other  lands  and  lots  are  taxed  by  said 
city. 

Sec.  4.  That,  in  addition  to  the  powers  conferred  by  the  Char¬ 
ter  of  said  city,  the  City  Council  shall  have  po\^er,  within  the 
jurisdiction  of  said  city,  by  ordinance,  to  regulate^agencies  of  all 
insurance  companies,  and  to  license,  tax  and  regulate  agents  of  all 
such  insurance  companies  doing  business  in  said  city. 

Sec.  5.  The  Mayor  of  the  city,  nor  any  member  of  the  City 
Council,  during  their  term  of  office,  shall  be  permitted  to  become  a 
contractor  or  be  in  any  way  personally  interested  in  any  contract 
with  the  city  for  the  performance  of  any  job,  work  or  labor,  or  for 
the  furnishing  of  any  material,  goods,  chattels,  wares,  merchandize 
or  things,  let  or  to  be  let,  purchased  or  contracted  for,  by  or  on 
account  of  said  city. 


32 


AMENDMENTS  TO  CITY  CHARTER. 


Sec.  6.  Any  person  in  custody  in  said  city  for  the  non-pay¬ 
ment  of  any  fine,  penalty  or  forfeiture  adjudged  against  him  or  her, 
for  a  violation  of  any  ordinance  of  said  city,  may  be  released  from 
custody  by  the  City  Council,  upon  a  vote  of  two-thirds  of  all  the 
Aldermen  elected  ;  but  such  release  shall  not  discharge  such  person 
from  the  payment  of  the  line  and  costs. 

Sec.  7.  The  city  shall  not  be  liable  for  costs,  when  the  defend¬ 
ants  are  acquitted,  or  in  any  other  case  arising  under  the  Charter  or 
ordinances  of  the  city;  and  the  City  Council  may  provide  for  the 
payment  to  Police  Magistrates  and  police  officers  of  a  sum  in  gross, 
in  lieu  of  all  fees  and  costs  and  charges  against  the  city. 

Sec.  8.  The  City  Council  shall  have  power  to  open  and  lay  out 
public  grounds  or  squares,  streets,  alleys  and  highways,  and  to  alter, 
widen,  contract,  straighten  and  discontinue  the  same;  but  no  street, 
alley  or  highway,  or  part  thereof,  shall  be  discontinued  or  contracted 
without  the  consent,  in  writing,  of  all  persons  owning  land  or  lots 
adjoining  said  street,  alley  or  highway.  They  shall  cause  all  alleys, 
streets  and  highways  or  public  squares  orgrounds,  laid  out  by  them, 
to  be  surveyed,  described  and  recorded  in  a  book  to  be  kept  by  the 
Clerk,  showing  accurately  and  particularly  the  proposed  improve¬ 
ments,  and  the  real  estate  required  to  be  taken,  and  the  same,  when 
opened  and  made,  shall  be  public  highways  and  public  squares. 

Sec.  9.  Whenever  any  street,  alley  or  highway,  public  ground 
or  square,  is  proposed  to  be  laid  out,  opened,  altered,  widened  or 
straightened,  by  virtue  hereof,  and  the  amount  of  compensation  can 
not  be  agreed  upon,  the  City  Council  shall  give  notice  of  their  inten¬ 
tion  to  appropriate  and  take  the  land  necessary  for  the  same  to  the 
owner  thereof,  by  publishing  said  notice  for  ten  days  in  the  news¬ 
paper  publishing  the  ordinances  of  the  city;  at  the  expiration  of 
which  time  they  shall  choose,  by  ballot,  three  disinterested  free¬ 
holders,  residing  in  the  city,  as  commissioners,  to  ascertain  and 
assess  the  damages  and  recompense  due  the  owners  of  said  real 
estate,  respectively,  and,  at  the  same  time,  to  determine  what  per¬ 
sons  will  be  benefited  by  such  improvements,  and  assess  the  damages 
and  expenses  thereof  on  the  real  estate  benefited  thereby,  in  propor¬ 
tion,  as  near  as  may  be,  to  the  benefits  resulting  to  each.  A  majority 
of  all  the  Aldermen  authorized  by  law  to  be  elected  shall  be 
necessary  to  a  choice  of  such  Commissioners. 

Sec.  10.  The  Commissioners  shall  be  sworn  faithfully  and 
impartially  to  execute  their  duties  to  the  best  of  their  abilities, 
before  entering  upon  their  duties.  They  shall  give  at  least,  five  days’ 
notice  to  all  persons  interested  of  the  time  and  place  of  their  meet¬ 
ing  for  the  purpose  of  viewing  the  premises  and  making  their 
assessment;  which  notice  shall  he  given  personally,  if  the  owners 
are  residents  and  known,  or  by  publication  in  the  newspaper  pub¬ 
lishing  the  ordinances  of  the  city,  if  non-residents  or  unknown. 


AMENDMENTS  TO  CITY  CHARTER. 


S3 


•They  shall  view  the  premises,  and,  in  their  discretion,  receive  any 
legal  evidence,  and  may,  if  necessary,  adjourn  from  day  to  day. 

Sec.  11.  If  there  should  be  any  building  standing,  in  whole  or 
in  part,  upon  the  land  to  betaken,  the  Commissioners,  before  making 
their  assessment,  shall  first  estimate  and  determine  the  whole  value 
of  such  building  to  the  owner,  aside  from  the  value  of  the  land,  and 
the  actual  injury  to  him  in  having  such  building  taken  from  him, 
and,  secondly,  the  value  of  such  building  to  him  to  remove. 

Sec  12.  At  least  five  days’  notice  shall  be  given  to  the  owner 
of  such  determination,  when  known  and  a  resident  of  the  city, 
which  may  be  given  personally,  or  in  writing  left  at  his  usual  place 
of  abode.  If  a  non-resident  or  unknown,  a  like  notice  to  all  persons 
shall  be  given  in  the  newspaper  publishing  the  ordinances  of  the 
city.  Such  notice  shall  specify  the  buildings  and  the  award  of  the 
Commissioners,  and  shall  be  signed  by  them.  It  shall  also  require 
the  persons  interested  to  appear  by  a  day  to  be  named  therein,  or 
give  notice  of  their  election  to  the  City  Council  either  to  accept  the 
award  of  the  Commissioners  and  allow  such  building  to  be  taken 
with  the  land  condemned  or  appropriated  or  of  their  intention  to 
receive  such  building  at  the  value  set  thereon  by  the  Commissioners 
to  remove.  If  the  owner  shall  agree  to  remove  such  building,  he 
shall  have  such  reasonable  time  for  that  purpose  as  the  City  Council 
may  direct. 

Sec.  13.  If  the  owner  refuses  to  take  the  building  at  its 
appraised  value  to  remove,  or  fails  to  give  notice  of  his  intention,  as 
aforesaid,  within  the  time  prescribed,  the  City  Council  shall  have 
power  to  direct  the  sale  of  such  building,  at  public  auction,  for  cash 
or  on  a  credit,  giving  five  days’  public  notice  of  the  sale.  The  pro¬ 
ceeds  of  the  sale  shall  be  paid  to  the  owner  or  deposited  to  his  use. 

Sec.  14.  The  Commissioners  shall  thereupon  proceed  to  make 
their  assessment  and  determine  and  appraise  to  the  owner  the  value 
of  the  real  estate  appropriated  and  the  injury  arising  from  the  con¬ 
demnation  thereof,  which  shall  be  awarded  to  such  owner,  as 
damages,  after  making  due  allowance  therefrom  for  any  benefit 
which  such  owner  may  derive  from  such  improvement.  In  the 
estimate  of  damage  to  the  land  the  Commissioners  shall  include  the 
value  of  the  building  (if  the  property  of  the  owner  of  the  land,)  as 
estimated  by  them,  as  aforesaid,  less  the  proceeds  of  the  sale  thereof ; 
or,  if  taken  by  the  owner  at  the  value  to  remove,  in  that  case  they 
shall  only  include  the  difference  between  such  value  and  the  whole 
estimated  value  of  such  buildings. 

Sec.  15.  If  the  damages  to  any  person  be  greater  than  the 
benefit  received,  or  if  the  benefit  be  greater  than  the  damages,  in 
either  case  the  Commissioners  shall  strike  a  balance,  and  carry  the 
difference  forward  to  another  column,  so  that  the  assessment  may 
show  what  amount  is  to  be  received  or  paid  by  such  owners, 
5 


34 


AMENDMENTS  TO  CITY  CHARTER 


respectively,  and  the  difference  only  shall  in  any  case  be  collected  of* 
or  paid  by  them :  Provided ,  that  in  case  the  entire  benefits  to  ail 
property  holders  interested  shall  exceed  the  entire  damages  assessed 
by  such  Commissioners,  then,  in  that  case,  the  persons  deemed  to  be 
benefited  shall  only  be  required  to  pay  pro  rata ,  upon  the  amounts 
of  the  benefits  so  assessed,  a  sufficient  amount  to  pay  the  damage  so 
assessed,  as  aforesaid. 

Sec.  16.  Having  ascertained  the  damages  and  expenses  of  such 
improvements,  as  aforesaid,  the  Commissioners  shall  thereupon 
apportion  and  assess  the  same,  together  with  the  costs  of  the  pro¬ 
ceedings,  upon  the  real  estate  deemed  by  them  benefited,  in 
proportion  to  the  benefit  resulting  from  the  improvements,  as  nearly 
as  may  be,  and  shall  describe  the  real  estate  upon  which  their  assess¬ 
ments  may  be  made.  When  completed,  the  Commissioners  shall 
sign  and  return  the  same  to  the  City  Council  within  thirty  days  of 
their  assessment. 

Sec.  17.  The  Clerk  shall  give  ten  days’  notice,  by  publication 
in  the  newspaper  publishing  the  ordinances  of  the  city,  that  such 
assessment  has  been  made  and  returned,  and,  on  a  day  to  be  specified 
therein,  will  be  confirmed  by  the  City  Council,  unless  objections  to 
the  same  are  made  by  some  person  interested.  Objections  may  be 
heard  before  the  City  Council,  and  the  hearing  may  be  adjourned 
from  day  to  day.  The  Council  shall  have  power,  in  their  discretion, 
to  confirm  or  annul  the  assessment,  or  refer  the  same  back  to  the 
Commissioners.  If  annulled,  all  the  proceedings  shall  be  void.  If 
confirmed,  an  order  of  confirmation  shall  be  entered.  If  referred 
back  to  the  same  or  other  Commissioners,  they  shall  proceed  to 
make  their  assessment  and  return  the  same  in  like  manner  and  give 
like  notices  as  herein  required  in  relation  to  the  first.  And  all 
parties  in  interest  shall  have  the  like  notice  and  rights,  and  the  City 
Council  shall  perform  like  duties  and  have  like  powers,  in  relation 
to  any  subsequent  determination,  as  are  herein  given  in  relation  to 
the  first. 

Sec.  18.  When  the  assessment  of  the  Commissioners  shall  have 
been  finally  confirmed  and  approved  by  the  City  Council,  the  City 
Council  may,  by  the  passage  of  an  ordinance  or  resolution,  to  be 
entered  in  full  upon  the  journals  by  the  City  Clerk,  levy  and  assess 
the  amount  of  such  assessment  against  the  lots  and  real  estate  upon 
which  the  same  is  assessed  by  the  Commissioners,  and  direct  that  a 
warrant  issue  for  the  collection  of  the  same;  and  the  amount  so 
assessed  is  hereby  declared  a  special  tax,  for  the  purpose  for  which 
it  shall  have  been  assessed,  and  a  lien  until  paid  upon  the  real  estate 
so  reported  to  be  benefited  thereby,  and  may  be  collected  in  the 
same  manner  as  other  corporation  taxes  are  collected  for  the  time 
being.  And  should  the  owner  of  any  land  upon  which  any  special 
taxes  assessed  be  unknown  he  may  be  so  described  in  all  proceedings 


AMENDMENTS  TO  CITY  CHARTER. 


35 


to  assess  and  collect  the  same.  Such  assessment  may,  also,  at  any 
time  after  the  approval  and  confirmation  thereof,  be  collected  of  the 
owner  of  the  lot  or  real  estate  against  which  the  same  is  assessed  and 
recovered  by  suit  in  the  name  of  the  city,  before  any  court  having 
jurisdiction. 

Sec.  19.  The  council  shall  have  power  to  remove  Commis¬ 
sioners,  and  from  time  to  time  appoint  others  in  place  of  such  as 
may  be  removed  or  refuse,  neglect  or  are  unable  from  any  cause  to 
serve. 

Sec.  20.  The  land  required  to  be  taken  for  the  making,  opening, 
widening,  straightening  or  altering  any  street,  alley  or  other  high¬ 
way  or  public  ground  or  square,  shall  not  be  appropriated  until  the 
damages  therefor  awarded  to  any  owner  thereof  under  this  act,  shall 
be  paid  or  tendered  to  such  owner  or  his  agent,  or  in  case  such  owner 
or  his  agent  can  not  be  found  within  the  city,  deposited  to  his  or 
their  credit  in  some  safe  place  of  deposit,  other  than  the  hands  of 
the  Treasurer,  and  then  and  not  before,  such  lands  may  be  taken 
and  appropriated  for  the  purpose  required  in  making  such  improve¬ 
ments,  and  such  streets,  alleys  or  other  highways  or  public  grounds 
may  be  made  and  opened. 

Sec.  21.  When  the  whole  of  any  lot  or  parcel  of  land  or  other 
premises  under  lease  or  other  contract,  shall  be  taken  for  any  of  the 
purposes  aforesaid  by  virtue  of  this  act,  all  the  covenants,  contracts 
and  engagements  between  landlord  and  tenant  or  any  other  con¬ 
tracting  parties  touching  the  same  or  any  part  thereof  shall,  upon 
the  confirmation  of  the  report  of  the  Commissioners,  respectively 
cease  and  be  absolutely  discharged. 

Sec.  22.  When  part  only  of  any  lot,  parcel  of  land  or  other 
premises  so  under  lease  or  contract,  shall  be  taken  for  any  of  the 
purposes  aforesid  by  virtue  of  this  act,  all  the  covenants,  contracts, 
agreements  and  engagements  respecting  the  same  upon  the  con¬ 
firmation  of  the  report  of  the  Commissioners,  shall  be  absolutely 
discharged  as  to  that  part  thereof  so  taken,  but  shall  remain  valid 
as  to  the  residue  thereof,  and  the  rents,  considerations  and  pay¬ 
ments  reserved  payable  and  to  be  paid  for,  or  in  respect  to  the  same 
shall  be  so  appropriated  as  that  the  part  thereof  justly  and  equitably 
payable  for  such  residue  thereof,  and  no  more,  shall  be  paid  or 
recovered  in  any  respect  of  the  same. 

Sec.  23.  Any  person  interested  may  appeal  from  any  final  order 
of  the  City  Council  for  opening,  widening,  altering  or  straightening 
any  street,  alley  or  other  highway,  or  public  ground,  to  the  Circuit 
Court  of  Stephenson  County  by  notice,  in  writing,  to  the  Mayor  at 
any  time  before  the  expiration  of  twenty  days  after  the  passage  oi 
said  final  order.  In  case  of  appeal  the  City  Council  shall  make  a 
return  within  thirty  days  after  notice  thereof,  and  the  court  shall  at 
the  next  term  after  leiurn  filed  in  the  office  of  the  Clerk  thereof, 


36 


AMENDMENTS  TO  CITY  CHARTER. 


hear  and  determine  such  appeal  and  confirm  or  annul  the  proceed¬ 
ings,  from  which  judgment  no  appeal  or  writ  of  error  shall  lie. 
Upon  the  trial  of  the  appeal,  all  questions  involved  in  said  proceed¬ 
ings,  including  the  amount  of  damages  shall  be  open  to  investigation 
upon  such  testimony  as  may  be  adduced  to  the  court  by  the  respective 
parties,  or  upon  application  of  the  city  or  any  party  the  amount  of 
damages  may  be  assessed  by  a  jury  in  said  court  without  formal 
pleadings  and  judgment  rendered  accordingly,  and  the  burthen  of 
the  proof  shall  in  all  cases  be  upon  the  city  to  show  that  the 
proceedings  are  in  conformity  with  this  act. 

Sec.  24.  In  all  cases  where  there  is  no  agreement  to  the  con¬ 
trary,  the  owner  or  landlord,  and  not  the  tenant  or  occupant,  shall 
be  deemed  the  person  who  shall  and  ought  to  pay  and  bear  every 
assessment  made  for  the  expenses  of  any  public  improvement. 
Where  any  such  assessment  shall  be  made  upon  or  paid  by  any 
person,  when  by  agreement  or  by  law  the  same  ought  to  be  borne  or 
paid  by  any  other  person,  it  shall  be  lawful  for  the  one  so  paying  to 
sue  for  and  recover  of  the  persons  bound  to  pay  the  same  the  amount 
so  paid  with  interest.  Nothing  herein  contained  shall  in  any  way 
impair  or  affect  any  agreement  between  landlord  and  tenant  or  other 
person  respecting  the  payment  of  such  assessments. 

Sec.  25.  The  City  Council  may,  by  ordinance,  make  any  changes 
they  may  deem  advisable  in  the  proceedings  herein  prescribed  for 
ascertaining  the  damages  and  injury  occasioned  to  any  person  or 
real  estate  by  reason  of  the  condemnation  of  such  real  estate,  or  any 
real  estate  upon  which  any  buildings  may  be  situated  in  the  whole 
or  in  part,  and  the  assessment  of  such  damages  and  injury  upon 
persons  or  real  estate  benefited  by  the  improvement,  and  in  all  such 
other  respects  as  experience  may  suggest. 

Sec.  26.  When  any  known  owner  or  other  person,  having  an 
interest  in  any  real  estate,  residing  in  the  city  or  elsewhere  shall  be 
an  infant,  and  any  proceedings  shall  be  had  under  this  act,  the 
Judge  of  the  Circuit  Court  of  Stephenson  County,  the  County  Judge 
of  said  county  or  any  Judge  of  the  Supreme  Court  may,  upon  the 
application  of  the  City  Council  or  such  infant,  or  his  next  friend, 
appoint  a  guardian  for  such  infant,  taking  security  from  such 
guardian  for  the  faithful  execution  of  such  trust  and  all  notices  and 
summons  required  by  this  act  shall  be  served  on  such  guardian. 

Sec.  27.  The  Mayor  of  the  city  shall  have  such  salary  as  may 
be  fixed  by  ordinance  or  resolution,  not  exceeding  three  hundred 
dollars  per  annum.  And  each  Alderman  shall  receive  such  com¬ 
pensation  for  his  services  as  the  Council  may  allow,  not  exceeding 
one  hundred  dollars  per  annum. 

Sec.  28.  That  hereafter  at  the  annual  Charter  election  of  said 
city  there  shall  be  elected  by  the  legal  voters  of  the  city  (in  place 
of  those  appointed  by  the  City  Council)  one  City  Attorney,  one  City 


AMENDMENTS  TO  CITY  CHARTER. 


37 


Clerk,  one  City  Surveyor,  one  City  Treasurer,  and  one  Street  Com¬ 
missioner,  who  shall  hold  their  respective  offices  for  one  year,  and 
until  their  successors  are  elected  and  qualified.  In  case  of  a  vacancy 
occuring  in  either  of  said  offices,  the  City  Council  shall  fill  such 
vacancy  by  appointment. 

Sec.  29.  That  whenever  the  City  Council  shall  determine  to  lay 
out,  open,  alter,  widen  or  straighten  any  street,  alley  or  highway, 
public  ground  or  square,  or  to  grade,  pave,  macadamize  or  plank, 
any  street,  alley  or  highway,  or  to  cause  any  main  drain,  sewer  or 
acqueduct  to  be  constructed  and  laid,  relaid,  cleansed  or  repaired, 
and  shall  cause  the  expenses  thereof  to  be  assessed  upon  the  real 
estate  benefited  thereby  under  any  provision  of  the  City  Charter,  or 
of  any  law  of  this  state,  it  shall  be  lawful  for  the  said  City  Council, 
by  an  order  or  resolution,  to  be  entered  upon  their  records  by  the 
City  Clerk,  to  declare  and  set  apart  such  assessment  as  a  separate 
and  special  fund,  to  be  applied  only  to  the  purpose  for  which  the 
same  has  been  assessed,  and  to  make  such  regulations  as  they  may 
deem  necessary  and  proper  to  secure  the  proper  application  and 
disbursement  of  the  same. 

Sec.  30.  That  whenever  any  such  assessment  shall  be  so  set 
apart  by  order  of  the  City  Council,  the  same  shall  be  collected  and 
paid  only  in  money  orinsuch  city  warrants  as  may  have  been  drawn, 
payable  out  of  such  particular  fund. 

Sec.  31.  All  acts  and  part  of  acts  coming  in  conflict  with  this 
act,  shall  be  and  the  same  is  hereby  repealed,  and  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  9, 1867.  . 


POLICE  MAGISTRATES’  ACT, 

AND  AMENDMENT. 


AN  ACT  for  the  better  Government  of  Towns  and  Cities,  and  to  amend  the 

Charters  thereof. 

Section  Section 

1.  Inferior  courts  to  be  established.  4.  Rules  of  practice  and  proceedings. 

2.  Police  Magistrates,  how  and  when  5.  City  Marshals  and  Constables  to  ex- 

elected.  ecute  process. 

3.  How  commissioned  and  qualified;  6.  Appeals,  how  allowed. 

their  jurisdiction.  Changes  of  venue  7.  When  act  to  take  effect. 

when  and  how  allowed. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  there  shall  be  established 
in  each  of  the  cities  of  this  State  inferior  courts  of  civil  and  criminal 
jurisdiction,  which  shall  [bej  called  Police  Magistrates’  courts. 

Sec.  2.  That  there  shall  be  elected  in  each  of  the  incorporated 
towns  and  cities  of  this  State,  the  population  of  which  shall  nob 
exceed  six  thousand,  an  officer  who  shall  be  styled  Police  Magistrate 

of  the  city  of - ,  or  town  of - ,  as  the  case  may  be  ;  in  each 

city  of  this  State  having  a  population  of  over  six  thousand  and  not 
exceeding  twelve  thousand,  there  shall  be  elected  two  Police  Magis¬ 
trates;  and  in  the  cities  of  this  State  whose  population  shall  exceed 
twelve  thousand,  there  shall  be  elected  three  Police  Magistrates. 
Said  Magistrates  shall  be  elected  by  the  legal  voters  of  such  city  or 
town  at  the  next  regular  election  for  city  or  town  officers,  and  every 
four  years  thereafter. 

Sec.  3.  Said  Police  Magistrates,  when  elected,  shall  be  commis¬ 
sioned  and  qualified  in  the  same  manner  as  Justices  of  the  Peace  are, 
and  shall  have  in  their  respective  counties  the  same  jurisdiction, 
powers  and  emoluments  as  other  Justices  of  the  Peace  of  this  State  ; 
and  they  also  shall  have  jurisdiction  in  all  cases  arising  under  the 
ordinances  of  their  respective  towns  and  cities ;  and  for  any  breaches 


POLICE  MAGISTRATES’  ACT. 


39 


thereof,  where  the  amount  claimed  shall  not  exceed  one  hundred 
dollars,  and  in  all  cases  arising  under  the  ordinances  of  towns 
and  cities,  said  Magistrates  shall  be  entitled  to  the  same  fees  as 
Justices  of  the  Peace  now  are  for  similar  services,  and  to  be  collected 
in  the  same  manner :  Provided ,  That  city  or  town  authorities  of 
any  such  town  or  city  may  make  such  additional  allowance  to  such 
Police  Magistrates  as  they  may  deem  just  and  expedient ;  and  in  all 
cases  arising  under  the  ordinances  of  any  such  town  or  city,  change 
of  venue  shall  be  allowed  from  one  Police  Magistrate  to  another,  in 
cities  where  there  is  more  than  one  such  Magistrate  ;  and  in  all  other 
towns  and  cities,  from  such  Police  Magistrate  to  the  nearest  Justice 
of  the  Peace,  to  be  applied  for  in  the  same  manner,  and  granted  on 
the  same  conditions  and  in  the  same  manner  as  changes  of  venue 
from  Justices  of  the  Peace  now  are. 

Sec.  4.  The  rules  of  practice  and  proceeding  before  such  Police 
Magistrate  shall  conform  to  the  practice  and  proceedings  before 
Justices  of  the  Peace,  except  in  cases  where  such  rules  of  practice 
and  proceeding  shall  be  changed  or  modified  by  the  Charter  of  such 
town  or  city ;  in  which  case,  such  rules  of  practice  and  proceeding 
shall  conform  to  the  said  Charters. 

Sec.  5.  The  City  Marshals  of  such  towns  or  cities,  and  all  Con¬ 
stables  of  the  county  in  which  said  town  or  city  may  be  situated, 
and  all  the  town  or  Police  Constables  of  such  towns  or  cities  respec¬ 
tively,  shall  be  and  are  hereby  authorized  to  execute  all  process  and 
orders  issued  or  made  by  said  Police  Magistrates  in  their  respective 
counties. 

Sec.  6.  Appeals  shall  be  allowed  from  the  decision  of  Police 
Magistrates  in  all  cases,  to  be  applied  for  and  taken  in  the  same 
manner  that  appeals  from  Justices  of  the  Peace  may  be  taken. 

Sec.  7.  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  27,  1854. 


40 


AMENDMENT. 


AMENDMENT. 

AN  ACT  to  amend  an  Act  entitled  “  An  Act  for  the  better  Government  of  Towns 
and  Cities,  and  to  amend  the  Charters  thereof approved  February  27, 18M. 

% 

Section  Section 

1.  Police  Magistrates,  term  of  Qffice;  2.  When  act  to  take  effect, 
vacancies  how  filled. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  all  Police  Magistrates, 
when  elected,  shall  severally  hold  their  offices  for  the  term  of  four 
years,  and  until  others  are  elected  and  qualified  ;  and  in  case  of  the 
death,  resignation,  or  removal  from  the  town  or  city  of  any  of  the 
Police  Magistrates,  their  offices  shall  be  deemed  thereby  vacated, 
and  such  vacancies  shall  be  filled  by  special  election  for  that  purpose, 
notified  and  conducted  in  the  same  manner  as  is  now  provided  by 
law  for  special  elections  for  Justices  of  the  Peace. 

Sec.  2.  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  15,  1855. 


MISCELLANEOUS  ACTS 

OF  THE  LEGISLATURE. 


Extractfrom  An  Act  to  incorporate  Townr,  and  Cities. 

Section  Section 

1.  Persons  committed  to  jail  may  be  re-  4  Powor  of  city  to  pass  all  ordinances 

quired  to  labor  on  streets,  instead  of  authorized  by  the  Charter  of  certain 

imprisonment.  cities. 

2.  City  may  declare  what  shall-  be  a  8.  City  may  purchase  grounds  beyond 

nuisance.  its  limits  for  cemetery. 

3.  Power  of  city  to  grade  front  lots,  etc.;  9.  City  may  collect  taxes  by  filing  eer- 

mode  of  compelling  owners  to  fill  tificate  with  Clerk  of  Circuit  Court. 

lots,  etc.  etc. 

10.  When  act  to  take  effect. 

Section  1.  Be  it  enacted  by  the  'people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  any  incorporated  town  or 
city  in  this  State  may  have  power  to  provide  by  ordinance  that  every 
person  against  whom  any  judgment  may  hereafter  be  recovered,  in 
favor  of  said  town  or  city,  for  a  penalty  or  fine  for  a  breach  of  any 
ordinance,  instead  of  being  committed  to  jail,  may  be  required  to 
labor  on  the  streets  until  the  whole  fine  and  costs  shall  be  paid,  at 
the  same  rate  per  day  as  may  be  allowed  as  a  forfeiture  for  a  failure 
to  perform  street  labor  under  the  direction  of  the  Street 
Commissioner. 

Sec.  2.  The  corporate  authorities  of  any  city  or  town  in  this 
State  may  have  power  to  declare  what  shall  be  a  nuisance,  and  to 
prevent  and  remove  the  same  as  much  as  one-half  mile  beyond  the 
limits  of  the  corporation,  with  full  power  to  impose  a  fine  for  a 
violation  of  any  ordinance  to  that  effect. 

Sec.  3.  Whenever  it  may  be  necessary  to  pave  or  grade  any 
street  or  front  lots,  or  to  fill  up  or  alter  any  lot  that  may  be  declared 
to  be  a  nuisance,  said  corporate  authorities  may  have  power,  upon 
the  failure  of  the  owner  of  any  lot  to  pave,  grade  or  fill  up  said  lot, 
6 


42 


MISCELLANEOUS  ACTS. 


or  to  pay  the  taxes  or  fine  that  may  be  assessed  on  the  owner  or 
owners  thereof,  to  require  that  said  lot,  or  so  much  thereof  as  may 
be  necessary,  shall  be  sold  for  the  payment  of  the  tax  or  fine  and 
cost,  in  the  manner  authorized  for  the  collection  of  other  taxes,  and 
all  assessments  so  made  shall  constitute  a  lien  on  said  lot. 

Sec.  4.  The  corporate  authorities  of  all  towns  and  cities  incor¬ 
porated  under  chapter  twenty-five,  entitled  “  Corporations,’ ’  of  the 
revised  code,  or  under  any  special  act,  shall  have  power  to  pass  all 
the  ordinances  and  by-laws,  and  possess  all  the  powders  authorized 
under  the  laws  and  amendatory  acts  incorporating  either  of  the 
cities  of  Springfield  or  Quincy  :  Provided,  That  towns  containing  a 
population  of  less  than  fifteen  hundred  white  inhabitants,  shall  have 
no  other  officers  or  allow  any  other  compensation  than  is  allowed 
under  chapter  twenty-five  of  the  revised  code,  unless  expressly 
authorized  by  law. 

“X'  ■X*  •X*  ■X’  -X*  ■$£  ■X’ 

Sec.  8.  The  inhabitants  of  any  town  or  city,  in  the  corporate 
name,  may  purchase,  receive,  and  hold  real  estate  beyond  the  limits 
as  [ofj  the  corporate  limits  for  the  purpose  of  burying  grounds. 

Sec.  9.  Whenever  the  corporate  authorities  of  any  town  or  city 
may  wish  to  have  the  taxes,  authorized  to  be  levid  under  and  by 
virtue  of  their  respective  Charters,  or  under  the  general  act,  upon 
filing  a  certificate  of  the  rate  authorized  under  the  authority  of  the 
said  corporation,  in  the  office  of  the  Clerk  of  the  County  Court,  it 
shall  be  the  duty  of  the  Collector  of  taxes  for  the  State  and  County 
to  collect  the  taxes  for  said  town  or  city  upon  the  assessment  of  the 
value  of  all  the  property  within  the  limits  of  said  corporation,  as 
ascertained  by  the  assessment  for  State  and  county  purposes,  and 
enforce  the  payment  thereof  in  the  same  manner,  and  with  all  the 
rights,  power  and  authority  as  he  has  to  collect  State  and  county 
taxes,  and  shall  pay  the  same  over  to  the  order  of  the  corporate 
authorities,  at  the  same  time  he  is  required  to  pay  over  the  county 
revenue,  and  the  court  of  the  proper  county  shall  render  judgment 
and  order  the  sale  of  any  lot  or  tract  for  the  non-payment  of  the 
tax  and  cost  due  said  town  or  city,  as  is  or  may  be  provided  for 
State  and  county  taxes;  and  judgment  and  sale  shall  be  rendered 
for  the  aggregate  amount  due  for  county,  State  and  town,  or  city 
taxes.  The  Collector  shall  receive  the  same  compensation  for  collect¬ 
ing  the  taxes  for  any  town  or  city  as  is  allowed  for  the  collection  of 
the  State  and  county  revenue;  to  be  paid  out  of  the  funds  of  the 
corporation,  and  he  shall  be  liable  on  his  bond  for  the  faithful 
performance  of  the  duties  required  under  this  act. 

Sec.  10.  This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  10,  1849. 


MISCELLANEOUS  ACTS. 


43 


AN  ACT  to  amend  the  Charters  of  the  several  Towns  and  Cities  in  this  State. 

Section  Section. 

1.  City  Collector  may  obtain  judgment  2.  Assessments  for  side-walks  may  be 

in  County  Court  against  real  estate  collected  by  means  of  judgment  in 

for  delinquent  taxes;  court  to  issue  County  Court,  etc. 

precept,  etc.  3.  When  act  to  take  effect. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  in  all  cases  where  taxes 
assessed  on  real  estate  by  the  corporate  authorities  of  any  city  or 
town  in  this  State,  except  in  the  city  of  Chicago,  are  not  paid  within 
the  time  fixed  by  the  corporate  authorities  of  any  such  city  or  town, 
it  shall  be  lawful  for  the  Collector  of  any  such  city  or  town,  after 
giving  notice  of  such  application  by  advertisement  at  least  thirty 
days  previously  to  such  application,  in  some  newspaper  published  in 
said  town  or  city,  or  if  no  newspaper  should  be  published  in  said 
town  or  city,  then  by  posting  up  printed  or  written  notices  of  such 
intended  application  in  at  least  four  of  the  most  public  places  in  such 
town  or  city,  to  apply  to  the  County  Court  of  the  county  in  which 
such  delinquent  real  estate  may  be  situated,  and  cause  judgment  to 
be  entered  against  such  delinquent  real  estate  for  the  amount  of 
taxes  due  and  unpaid  and  costs.  And  the  said  County  Court  shall 
proceed  to  hear  and  determine  said  application,  and  render 
judgment  against  said  delinquent  real  estate  in  the  same  manner, 
and  said  judgment  shall  have  the  like  effect  as  though  said  delinquent 
list  had  been  returned  to  the  County  Court  by  the  Sheriff  or  Col¬ 
lector  of  the  county,  in  the  collection  of  State  and  county  taxes. 
And  the  County  Court  shall  issue  its  precept  or  order  to  the  Collector 
of  said  city  or  town,  directing  him  to  sell  said  real  estate  at  public 
auction,  to  pay  said  delinquent  taxes  and  costs :  Provided \  That  the 
corporate  authorities  of  such  towns  or  cities  shall  have  full  power  to 
adopt  any  regulation  or  proceeding  they  may  deem  necessary  to 
carry  this  section  into  full  effect:  And ,  provided ,  f  urther ,  That  the 
corporate  authorities  of  any  town  or  city  shall  have  power  to  fix 
the  time  of  such  application  to  the  County  Court,  and  the  time  of 
sale  of  said  real  estate. 

Sec.  2.  In  ail  cases  where  assessments  have  heretofore  been 
made,  or  where  assessments  may  hereafter  be  made,  by  the  corporate 
authorities  of  any  town  or  city  in  this  State,  on  any  lot  or  real  estate 
in  such  town  or  city,  for  the  purpose  of  improving  any  street,  side¬ 
walk  or  alley  in  front  of  such  lot  or  real  estate,  or  for  any  purpose 
whatever,  either  by  ordinance,  resolution  or  other  proceeding,  and 
such  assessment  is  not  paid  within  the  time  fixed  by  the  order, 
resolution  or  ordinance  making  such  assessment,  the  corporate 


44 


MISCELLANEOUS  ACTS 


authorities  of  the  several  towns  and  cities  in  this  State  may  apply  to 
the  County  Court  of  the  proper  county  for  judgment  against  said  lot 
or  real  estate,  for  the  amount  of  said  assessment  and  costs;  and  the 
County  Court,  on  such  application  being  made,  shall  render  judg¬ 
ment  against  such  lot  or  real  estate  for  the  amount  of  said  assessment 
and  costs,  and  shall  issue  its  precept  to  the  Sheriff  of  the  proper 
county,  commanding  him  to  sell  said  lot  or  real  estate,  or  so  much 
thereof  as  may  be  necessary,  to  pay  said  judgment  and  costs,  in  the 
same  manner  and  with  like  effect  as  if  sold  upon  execution  at  law ; 
and  the  corporate  authorities  of  the  several  towns  and  cities  shall 
have  full  power  to  provide  by  resolution  or  ordinance  for  the  making 
or  levying  any  such  assessment,  and  they  shall  have  full  power  to 
fix  the  time  of  payment  and  the  kind  and  time  of  notice  of  such 
assessment,  and  of  the  said  application  to  the  County  Court ;  and 
the  corporate  authorities  of  any  town  or  city  shall  have  full  and 
complete  authority  to  adopt  any  rule,  regulation  or  proceeding 
which  they  may  deem  necessary  to  carry  the  provisions  of  this 
section  into  full  and  complete  effect. 

Sec.  3.  This  act  to  take  effect  from  and  after  its  passage. 

Approved  March  1,  1854. 


AN  ACT  authorizing  incorporated  Cities  to  change,  alter  and  vacate  streets  or 
parts  of  streets. 

Section  Section 

'{.Corporate  authorities  may  change  2.  Damages  caused  by  changing  streets, 
alter  or  vacate  streets  and  convey  how  assessed, 
the  same  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  when  the  corporate 
authorities  of  any  city  may  deem  it  for  the  best  interest  of  their 
respective  cities  that  any  street  or  part  of  a  street  shall  be  changed, 
altered  or  vacated,  said  authorities  shall  have  the  power,  upon  the 
petition  of  the  property  holders  owning  property  on  such  street  or 
part  of  street,  to  change,  alter,  or  vacate  the  same,  and  to  convey, 
by  quit-claim  deed,  all  interest  which  said  city  may  have  had  in  the 
street  or  part  of  street  so  vacated,  to  the  owner  or  owners  of  lots  and 
lands  next  to  and  adjoining  the  same,  upon  the  payment  by  such 
owner  or  owners  of  all  assessments  which  may  be  made  against 


MISCELLANEOUS  ACTS. 


45 


their  lots  or  lands,  for  and  on  account  of  benefits  to  the  same  arising 
from  such  change,  alteration  or  vacation  of  any  street  or  part  of 
street  as  aforesaid. 

Sec.  2.  The  benefits  and  damages  caused  by  changing,  altering 
or  vacating  any  street  or  part  of  street  as  aforesaid,  shall  be  assessed 
and  determined  in  the  manner  pointed  out  by  the  act  incorporating 
such  city,  or  by  the  ordinances  thereof  in  other  cases. 

Approved  February  15,  1851. 


AN  ACT  to  provide  for  vacating  Town  Plats. 

Section  Section 

1.  Town  plats  may  be  vacated  in  certain  2.  This  act  not  to  apply  to  original  plats 
cases;  manner  of  vacating  plats,  etc.  of  county  seats. 

3.  Parts  of  plats  may  be  vacated,  how. 

Section  1.  Be  it  enaeted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  in  all  cases  where  persons 
have  heretofore,  or  may  hereafter,  lay  out  towns,  or  additions  to 
towns,  or  subdivisions  of  town  lots,  and  the  plats  or  maps  thereof 
shall  have  been  recorded,  they,  their  heirs,  assigns,  or  grantees,  may, 
at  any  time  before  making  sale  of  any  single  lot  or  lots,  by  executing 
a  writing  and  causing  the  same  to  be  recorded  in  the  office  in  which 
the  plat  or  map  was  recorded,  declare  such  map  or  plat  to  be  vaca¬ 
ted;  and  the  execution  and  recording  of  such  writing  shall  operate 
to  destroy  the  force  and  effect  of  the  recording  of  the  plat  or  map  so 
vacated,  and  to  divest  all  public  rights  in  the  streets,  alleys,  com¬ 
mons  and  public  grounds  laid  down  or  described  in  such  plat  or 
map  ;  and  in  cases  where  any  single  lot  oo  lots  have  been  sold,  the 
plat  or  map  may  be  vacated  as  herein  provided,  by  all  the  owners  of 
lots  joining  in  the  execution  of  the  writing  aforesaid  :  Provided , 
that  no  such  writing  shall  be  recorded  until  the  execution  thereof 
shall  have  been  acknowledged  or  proved  as  is  or  may  be  required  in 
respect  to  deeds. 

Sec.  2.  The  provisions  of  this  act  shall  not  apply  to  the  original 
plat  or  map  of  any  town  located  or  laid  out  as  or  for  a  county  seat, 
so  long  as  the  county  seat  shall  remain  at  such  town,  but  plats  or 
maps  of  additions  to  such  towns  or  subdivisions  of  lots  included  in 
the  recorded  plats  or  maps  thereof,  may  be  vacated  as  herein  pro¬ 
vided  for :  Provided ',  however,  That  nothing  contained  in  this  act 
shall  authorize  the  closing  or  obstructing  a  public  road,  laid  out 
according  to  law. 


46 


MISCELLANEOUS  ACTS. 


Sec.  3.  Any  part  of  a  plat  or  map  of  a  town,  addition  or  sub¬ 
division  may  be  vacated  under  the  provisions  and  subject  to  the 
conditions  herein  contained. 

Approved  February  16,  1847. 


Chapter  CVII,  of  theRevised  Statutes,  entitled  “Warrants  of  Cities  and  Towns.” 

Section  Section 

1.  Warrant  or  order  to  be  drawn  for  3.  Warrant  payable  only  to  payee,  or 

only  one  amount  on  one  claim.  his  legal  representatives. 

2.  To  be  drawn  in  favor  of  person  to  4.  Penalty  for  violation  of  this  chapter, 

whom  due  and  no  other.  and  how  recovered. 

Section  1.  In  all  cases  in  which  any  city  or  town  in  this  State 
shall  bo  indebted  to  any  person  or  persons,  on  any  account  whatso¬ 
ever,  a  warrant  or  voucher  shall  be  drawn  on  the  Treasurer  of  such 
city  or  town,  for  the  whole  amount  found  due  to  such  person,  by  the 
tribunal  having  power  to  audit  and  allow  claims  against  such  city 
or  town  ;  and  such  tribunal  shall  not,  in  any  case,  draw  more  than 
one  warrant  or  voucher  for  the  amount  allowed  to  one  individual  at 
one  time. 

Sec.  2.  No  warrant  or  voucher  drawn  on  the  Treasurer  of  any 
city  or  town,  shall  be  drawn  in  favor  of  any  other  person  than  the 
one  to  whom  the  same  may  be  due,  and  such  warrant  or  voucher 
may  be  in  the  form  now  prescribed  by  law. 

Sec.  3.  No  Treasurer  of  any  city  or  town  in  this  State,  shall 
pay  any  warrant  or  voucher  drawn  on  him,  unless  such  warrant  be 
presented  for  payment  by  the  person  in  whose  favor  such  warrant  is 
drawn,  or  his  assignee,  or  executor,  or  administrator. 

Sec.  4.  Any  officer  or  officers  of  any  town  or  city,  that  shall  be 
guilty  of  violating  the  provisions  of  this  chapter,  shall  be  deemed 
guilty  of  a  misdemeanor  in  office;  and  for  every  such  violation,  shall 
be  fined,  in  a  sum  not  exceeding  five  hundred  dollars,  to  be  recovered 
by  indictment. 

Approved  March  3,1845. 


RULES  AND  ORDER  OF  BUSINESS. 

OF  THE 

CITY  COUNCIL  OF  THE  CITY  OF  FREEPORT. 


ADOPTED  BY  THE  CITY  COUNCIL,  JUNE  16,  1855. 


MEETINGS  OF  THE  CITY  COUNCIL. 

Rule  1.  The  rules  of  procedure  and  order  of  business  shall  be 
strictly  adhered  to  by  the  City  Council,  unless  they  shall  be 
temporarily  suspended  by  unanimous  consent. 

Rule  2.  The  City  Council  shall  meet  regularly  on  the  first 
Saturday  evening  in  each  month,  and  at  any  other  time  they  may, 
in  their  discretion,  deem  proper. 

Rule  3.  The  Mayor  or  any  two  Aldermen  may  call  special 
meetings  of  the  City  Council. 

CHAIRMAN. 

Rule  4.  The  Mayor  shall  preside  at  all  meetings  of  the  City 
Council,  and  shall  have  a  casting  vote,  and  no  other.  In  case  of  the 
non-attendance  of  the  Mayor,  at  any  meeting,  the  Aldermen  shall 
appoint  a  Chairman  pro  tem. 

QUORUM. 

Rule  5.  At  all  meetings  of  the  City  Council,  a  majority  of  all 
the  Aldermen  elected  shall  constitute  a  quorum  to  do  business ;  but 


48 


RULES  AND  ORDER  OF  BUSINESS 


a  minority  may  adjourn  from  day  to  day,  and  compel  the  attendance 
of  absent  members,  by  a  line  not  exceeding  ten  dollars  for  each  and 
every  such  offence. 


ORDER  OF  BUSINESS. 

Rule  6.  At  the  hour  appointed  for  meeting,  the  members  shall 
be  called  to  order  by  the  Mayor,  or,  in  his  absence,  by  the  Clerk, 
who  shall  proceed  to  call  the  roll,  note  the  absentees,  and  announce 
whether  a  quorum  be  present.  Upon  the  appearance  of  a  quorum, 
the  Council  shall  then  proceed  to  the  business  before  them,  which 
shall  be  conducted  in  the  order  following  : 

1.  Reading  of  the  minutes  of  the  last  meeting,  amendment 
and  approval  of  the  same. 

2.  Presentation  of  petitions  and  reports  of  officers. 

3.  The  reports  of  standing  committees. 

4.  Reports  of  select  committees. 

5.  Communications  to  the  City  Council. 

6.  Unfinished  business  of  preceding  meeting. 

7.  Motions,  resolutions,  notices  and  communications. 

Rule  7.  All  questions  relating  to  the  priority  of  business  shall 
be  decided  without  debate. 

\ 

DUTIES  AND  PRIVILEGES  OF  THE  MAYOR. 

RuleS.  The  Mayor  shall  preserve  order  and  decorum,  and 
shall  decide  questions  of  order,  subject  to  an  appeal  to  the  Council. 

Rule  9.  While  the  Mayor  is  putting  the  question,  no  member 
shall  walk  across  or  out  of  the  council  room. 

Rule  10.  Every  member,  previous  to  his  speaking,  shall 
address  himself  to  the  chairman,  and  say  “Mr.  Chairman;”  but 
shall  not  proceed  with  his  remaks  until  recognized  and  named  by 
the  chair. 


DUTIES  AND  PRIVILEGES  OF  MEMBERS. 

Rule  11.  No  member  shall  speak  more  than  twice  to  the  same 
general  question,  nor  more  than  once  to  a  previous  question,  without 
the  unanimous  leave  of  the  Council,  nor  more  than  once  in  any  case, 
until  every  member  choosing  to  speak,  shall  have  spoken. 

Rule  12.  While  a  member  is  speaking,  no  member  shall 
entertain  private  discourse. 

Rule  13.  A  member  called  to  order,  shall  immediately  suspend 
his  remarks,  unless  permitted  to  explain.  If  there  be  no  appeal, 
the  decision  of  the  chair  shall  be  conclusive;  but  if  the  member 
appeal  to  the  Council  from  the  decision  of  the  chair,  the  Council 
shall  decide  on  the  case  without  debate. 


RULES  AND  ORDER  OF  BUSINESS. 


49 


MOTIONS. 

Rule  14.  Motions  upon  the  subject  under  consideration,  shall 
have  precedence  in  the  following  order  : 

1.  To  lay  on  the  table. 

2.  To  postpone. 

3.  To  commit. 

4  To  amend. 

Rule  15.  All  motions  or  resolutions  shall  be  reduced  to  writ¬ 
ing,  if  required  by  the  President,  or  a  member;  and  when  seconded 
and  stated  by  the  chair,  shall  be  open  for  consideration,  and  no 
motion  or  resolution  can  be  withdrawn  after  it  shall  have  been 
amended  or  decided. 

ADJOURN. 

Rule  16.  A  motion  to  adjourn  shall  always  be  in  order,  and 

shall  have  precedence  over  all  others,  and  shall  be  decided  without 
debate. 


AYES  AND  NOES. 

Rule  17.  Every  member  who  shall  be  present  when  a  question 
is  stated  from  the  chair,  shall  vote  thereon,  unless  excused  by  the 
Council,  or  unless  he  be  directly  or  indirectly  interested  in  the  ques¬ 
tion,  in  which  case  he  shall  not  vote.  The  ayes  and  noes  may  be 
called  for  by  any  member,  in  which  case  the  names  of  the  members 
voting  shall  be  recorded  on  the  minutes. 

APPOINTMENTS  TO  OFFICE. 

Rule  18.  All  appointments  to  office  by  the  Council  shall  be  by 
ballot,  and  a  majority  of  the  members  present  shall  be  necessary  to 
a  choice. 

SPECIAL  COMMITTEES. 

Rule  19.  All  committees  shall  be  appointed  by  the  Mayor,  or 
in  his  absence  by  the  chairman  pro  tern,  unless  otherwise  directed 
by  the  Council,  in  which  case  they  shall  be  appointed  by  ballot. 

SUSPENSION  OF  RULES. 

Rule  20.  No  notice  or  resolution,  establishing  new  ordinances, 
amending  or  in  anywise  affecting  existing  ordinances,  or  appro¬ 
priating  city  funds,  except  in  the  salaries  of  officers  and  in  contracts 
formerly  made,  shall  be  finally  accepted  at  the  same  meeting  of 
their  introduction,  unless  two-thirds  of  the  Council  present  shall 
vote  to  dispense  with  this  rule. 

7 


50 


RULES  AND  ORDER  OF  BUSINESS. 


DIVISION  OF  QUESTION. 

Rule  21.  If  the  question  in  debate  contain  several  distinct 
propositions,  any  member  may  have  the  same  divided. 

BLANKS  FILLED. 

Rule  22.  When  a  blank  is  to  be  filled,  and  different  sums  and 
times  proposed,  the  question  shall  first  be  put  upon  the  largest  sum 
and  longest  time. 

WHEN  AMENDMENT  AND  DEBATE  NOT  IN  ORDER. 

Rule  23.  A  motion  for  a  “  previous  question,”  to  lay  the  ques¬ 
tion  on  the  table,  or  to  commit  until  it  is  decided,  shall  preclude  all 
amendment  and  debate  on  the  main  question  ;  and  a  motion  to  post¬ 
pone  a  question  indefinitely,  or  to  adjourn  it  to  a  certain  day,  shall, 
until  it  is  decided,  preclude  all  amendments  to  the  first  question. 

PREVIOUS  QUESTION. 

Rule  24.  The  previous  question  shall  be  as  follows:  “Shall 
the  main  question  now  be  put  ?” 

REPORTS. 

Rule  25.  Standing  and  select  committees  shall  in  all  cases 
report  in  writing. 

Rule  26.  All  reports  of  committees  shall  be  addressed — “To 
the  City  Council  of  the  City  of  Freeport.” 

Rule  27.  The  standing  committees  of  the  City  Council  shall 
consist  of  three  members  each. 

CITY  CLERK  AND  CITY  MARSHAL  TO  ATTEND  MEETINGS. 

Rule  28.  Notices  of  special  meetings  shall  be  served  by  the 
Marshal  on  each  Alderman  personally,  or  by  leaving  the  same  at 
his  usual  place  of  residence  or  business.  The  Clerk  shall  have  charge 
of  the  council  room,  and  attend  all  meetings  of  the  Council.  The 
Marshal  shall  also  attend  all  meetings  of  the  Council. 

JOURNAL. 

Rule  29.  The  Council  shall  keep  a  journal  of  its  proceedings, 
which  shall  be  open  at  all  times  for  inspection;  shall  make  and 
enforce  rules  of  proceedings,  and  compel  the  attendance,  when 
necessary,  of  absent  members. 


RULES  AND  ORDER  OF  BUSINESS 


51 


STANDING  COMMITTEES. 

Rude  30.  The  standing  committees  shall  be  appointed  annually 
and  the  person  first  named  on  the  committee  shall  be  Chairman 
thereof.  The  following  shall  be  the  standing  committees,  to  wit : 

1.  Committee  on  Finance. 

2.  Committee  on  Streets,  Alleys  and  Bridges. 

3.  Committee  on  License  and  Tippling  Houses. 

4.  Committee  on  Public  Grounds. 

5.  Committee  on  the  Health  of  the  City. 

6.  Committee  on  Police. 

7.  Committee  on  Fire  Department. 


. 

'  .•*  -m!1;  .  yr  >. ") 

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. 

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a 


A 


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PART  SECOND, 


♦ — ♦ 


OT£.T>IlX 

OF  THE 


CITY  OF  FREEPORT. 


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/ 


ORDINANCES. 


CHAPTER  I. 

CITY  SEAL. 

An  Ordinance  establishing  the  City  Seal. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Freeport ,  That 
the  Seal  heretofore  provided  and  used  by  and  for  the  City  of  Free¬ 
port — (the  impression  of  which  is  as  follows :  In  the  center,  the 
representation  of  a  shield  having  thereon  a  bow  and  arrow,  a  plow, 
and  a  caduceus ;  above  the  shield,  a  star ;  on  the  right,  an  Indian 
chief;  on  the  left,  a  locomotive;  and  underneath,  the  motto, 
“  Prcesto  et  Persto with  the  inscription,  “City  of  Freeport; 
incorporated  14th  Feb.,  1855,”  around  the  outer  edge  of  said 
Seal) — shall  be  and  is  hereby  established  and  declared  to  have  been 
and  now  to  be  the  Seal  of  the  City  of  Freeport. 


56 


ordinances 


CHAPTER  II. 


ASSESSMENTS. 

An  Ordinance  concerning  Assessments  for  Public  Improvements. 

Section  Section 

1.  Improvements,  committee  to  report  9.  Commissioners  when  to  make  return, 

plan,  estimates  how  made.  notice  of  return  to  be  given,  form  of 

2.  Form  for  order  of  improvements.  notice. 

3.  Where  special  assessments  are  re-  10.  Confirmation  of  revised  roll,  form  of 

quired,  what  form  to  be  used.  order  of  confirmation. 

4.  Election  of  Commissioners,  how  11.  Warrants;  form  of  warrant. 

made,  form  of  record.  12.  Powers  of  City  Collector  and  proceed- 

5.  Notice  to  Commissioners,  oath  of  ings  the  same  as  in  general  taxes. 

Commissioners,  form  of.  13.  If  any  assessment  be  not  collected* 

6.  Commissioners’  notice,  form  of.  City  Clerk  to  apply  for  judgment, 

7.  Attendance  to  make  assessment  roll;  etc. 

form  of  roll.  14.  No  assessment  invalid  for  want  of 

8.  Return  to  be  made,  form  of  return.  form. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  whenever  the  City  Council  shall  deem  it  necessary 
to  cause  any  street  or  public  way  to  be  paved,  Macadamized  or  other¬ 
wise  improved,  or  any  main  drains,  aqueducts,  cross-walks,  or 
sewers,  at  the  connection  of  streets,  to  be  laid,  the  subject  shall  be  re¬ 
ferred  to  an  appropriate  committee,  whose  duty  it  shall  be  to  prepare 
and  report  to  the  City  Council  the  plan  of  such  improvement,  with 
an  accurate  estimate  of  the  expenses  thereof,  including  in  every  case 
the  costs  of  making  the  assessment.  It  shall  be  the  duty  of  the  City 
{Surveyor  to  aid  and  assist  the  committee  in  the  preparation  of  said 
report,  and  to  make  all  estimates  for  the  work  in  writing ;  all  of 
which  shall  be  submitted  to  the  City  Council,  in  connection  with 
such  report. 

Sec.  2.  Whenever  any  improvement  shall  be  ordered,  the  order 
therefor  may  be  in  the  following  form  : 

“  Ordered ,  That - street,  from - street  to - street,  be  planked,  (or 

“  otherwise  improved,”  as  the  case  may  be,)  with  ( here  describe  the  manner ,  materials 
of  planking,  etc.)  {If  the  order  be  for  a  main  drain  or  sewer,  it  may  read  as  follows :) 
“  Ordered ,  That  a  main  drain,  (or  “aqueduct,”  or  as  the  case  may  be,)  be  laid  through 

and  under - street  (or  “  alley,”)  from - street  to - street,  as  follows 

{In  either  case,  the  order  may  conclude  as  follows:)  “  And  that  the  sum  of - dollars 

be  assessed  upon  the  real  estate  of  the  city,  benefited  thereby,  to  defray  the 
expenses  of  such  improvement.” 

Sec.  3.  In  all  cases  where  special  assessment  shall  be  required 
for  the  purpose  of  improving  any  public  square,  or  other  public  im- 


ASSESSMENTS. 


57 


provement,  for  which  a  special  assessment  may  be  made,  the  forms 
and  proceedings  herein  prescribed,  with  modifications,  (if  required,) 
may  in  any  case  be  followed. 

Sec.  4.  When  the  assessment  shall  be  ordered,  the  City  Council 
shall,  by  ballot,  appoint  by  a  majority  of  all  the  Aldermen  authorized 
by  law  to  be  elected,  three  reputable  freeholders,  residing  in  the 
city,  to  make  the  same.  If  elected  at  the  time  of  the  passage  of 
said  order,  the  names  shall  be  recorded  by  the  Clerk  in  connection 

therewith,  as  follows : 

«  ' 

“The  City  Council  thereupon  proceeded  to  make  choice  by  ballot  of  three 
Commissioners,  to  make  such  assessment ;  on  the  first  ballot  {or  as  the  case  may  he) 

A.  B.,  C.  D.,  E.  F.,  three  reputable  freeholders  of  said  city,  received - ballots 

each,  (or  as  the  case  may  he ,)  which  being  a  majority  of  all  the  Aldermen  authorized 
by  law  to  be  elected,  they  were  declared  duly  elected  as  Commissioners  to  make  the 
said  assessment.’’  {If  the  election  he  held  subsequent'to  the  passage  of  any  order  for  an 
assessment,  the  order  should  he  changed  so  as  to  conclude  after  the  word  Commissioners  as 

follows:)  “To  assess  the  sum  of - dollars  on  the  real  estate  benefited  by  the, 

{state  the  nature  of  the  improvement,)  in  pursuance  of  an  order  of  the  City  Council 
passed - 186  .” 

Sec.  5.  The  Clerk  shall  make  out  notices  of  their  appointment 
to  the  Commissioners,  requiring  them  to  appear  and  be  qualified,  as 
such,  within  five  days  after  the  service  of  notice.  Notices  shall  be 
served  by  th'e  City  Marshal.  Commissioners  shall  take  the  follow¬ 
ing  oath,  to  be  administered  by  the  Clerk,  and  entered  upon  or 
attached  to  their  assessment  roll : 

“The  undersigned,  Commissioners  appointed  by  the  City  Council  of  the  City 

of  Freeport,  to  assess  the  sum  of - dollars  upon  real  estate  by  us  deemed 

benefited  by  the  planking  of  {or  “  otherwise  improving  ’’) - street,  {or  for  such 

other  purpose  as  the  assessment  may  he  made,)  in  proportion  to  the  benefits  resulting 
thereto  as  nearly  as  may  be,  do  solemnly  swear  that  we  will  faithfully  and  im¬ 
partially  execute  our  duty  according  to  the  best  of  our  ability. 

A.  B.,1 

C.  D.,  y  Commissioners. 

E.  F.,  j 

Sworn  to  and  subscribed  before 
me,  this - day  of - , 


Sec.  6.  Before  entering  upon  their  duties,  the  Commissioners 
shall  give  at  least  six  days’  notice  in  the  corporation  paper,  of  the 
time  and  place  of  meeting,  for  the  purpose  of  making  their  assess¬ 
ments  ;  and  they  may,  if  necessary,  adjourn  from  day  to  day.  Such 
notice  may  be  in  the  following  form  : 

“  COMMISSIONER’S  NOTICE. 

Public  notice  is  hereby  given  to  all  persons  interested,  that  the  undersigned, 
Commissioners  appointed  by  the  City  Council  of  the  City  of  Freeport,  to  assess 

the  sum  of - dollars,  on  the  real  estate  by  us  deemed  benefited  by  the  {here 

state  the  substance  of  the  order,)  will  meet  at - on - ,  the - day  of - 

inst.,  {or  “next,”)  at  the  hour  of - o’clock,  — .  M.,  for  the  purpose  of  making 

said  assessment. 

A.  B.,) 

C.  D.,  V  Commissioners. 


8 


Freeport, 


58 


ORDINANCES 


The  Commissioners  shall  attach  to  their  assessment  roll  a  certifi¬ 
cate  of  such  publication,  signed  by  the  printer  or  publisher  of  the 
corporation  paper. 

Sec.  7.  The  Commissioners  shall  be  present  at  the  time  and 
place  mentioned  in  such  notice  for  the  purpose  of  making  their 
assessment.  When  the  same  shall  be  completed,  it  shall  be  entered 
in  a  substantial  and  durable  book  to  be  provided  by  the  city ;  the 
roll  shall  contain  the  names  of  the  owners  of  real  estate,  when 
known,  a  description  of  the  lots  and  parts  of  lots  which  may  be 
assessed,  the  valuation  of  each,  separately,  and  the  sums  of  money 
assessed  thereon.  It  may  be  in  the  following  form  : 

“ASSESSMENT  ROLL. 

A  description  of  tliereal  estate  in  the  City  of  Freeport,  deemed  benefited  by 

the  planking  {or  orthenvise ,  as  the  case  may  be,) - street,  {or  “  by  the  laying  of  a 

main  drain,”  or  otherwise,  as  the  case  may  be  )  with  the  valuation  thereof,  and  the 
sums  of  money  severally  assessed  thereon  by  the  Commissioners,  to  wit : 

Original  Town  {or  as  the  case  may  be.) 


Name  of  owner. 

Description  of 
part  of  lot. 

Lot. 

Block 

Valuation 

Assessment 

Rev.  Value. 

Rev.  Ass’m’t. 

Sec.  8.  When  the  said  roll  shall  be  completed,  the  Commissioners 
shall  attach  thereto  a  return,  which  may  be  in  the  following  form: 

“  The  undersigned,  freeholders  and  residents  Of  the  City  of  Freeport,  duly 

elected  and  appointed  by  the  City  Council  to  assess  the  sum  of - dollars  on  the 

real  estate  in  the  said  city,  by  us  deemed  benefited  by  the  planking - street, 

(or  “  by  the  laying  of  a  main  drain  or  sewer,”  or  as  the  case  may  be,  following ,  in  each 
case,  the  description  of  the  improvement  in  the  order  therefor,)  do  thereby  report  and 
return  to  the  City  Council — 

That,  in  pursuance  of  said  appointment  they  where  duly  qualified  before 
entering  upon  their  duties,  as  appears  by  the  oath  recorded  herein,— 

That  they  published  a  notice  of  the  time  and  place  of  their  meeting  for  the 

purpose  of  making  said  assessment,  in  the - ,  the  corporation  newspaper,  for 

the  period  of  six  consecutive  days  previous  to  such  meeting;  a  certificate  of 
which  publication  is  hereunto  annexed  ;  that  they  were  present  at  the  time  and 
place,  and  for  the  purpose  designated  in  the  said  notice,  and  did  then  and  there, 
and  do  hereby,  in  pursuance  of  said  appointment,  assess  the  said  sum  of  money 
upon  the  real  estate  hereinbefore  set  forth  and  described,  as  benefited  in  the 
respective  proportions  of  said  sum  set  opposite  to  each  lot  and  part  of  lot, 
respectively  in  the  foregoing  assessment  roll,  having  first  fixed  a  valuation  on  the 
said  real  estate,  which  is  likewise  set  forth  in  the  said  roll.  All  of  which  is 
respectfully  submitted. 

A.  B.,'| 

C.  R.,  >  Commissioners. 

E.  F.,j 


Freeport, 


,  186  . 


ASSESSMENTS. 


59 


Sec.  9.  The  Commissioners  shall  complete  their  assessment, 
and  deliver  the  same  to  the  City  Clerk,  within  forty  days  after  their 
appointment,  unless  further  time  shall  be  given  them  for  the  pur¬ 
pose.  The  Clerk  shall  thereupon  cause  a  notice  of  the  return  of  such 
assessment  to  be  published  for  six  days  in  the  corporation  paper ; 
and  a  ^certificate  of  such  publication  signed  by  the  printer  or  pub¬ 
lisher  of  the  corporation  paper,  shall  be  written  upon  or  attached  to 
the  roll.  The  notice  may  be  in  the  following  form  : 

“ASSESSMENT  NOTICE. 

City  Clerk’s  Office,  Freeport, - ,  186  . 

Public  notice  is  hereby  given  to  all  persons  interested  that  the  Commissioners 

appointed  by  the  City  Council  of  the  City  of  Freeport,  to  assess  the  sum  of - 

dollars  on  the  veal  estate  in  the  city,  benefited  by  the  ( here  state  the  substance  of  the 
order,  have  completed  their  assessment,  and  made  return  thereof  to  my  office. 
Any  persons  wishing  to  appeal  from  said  assessment  must  file  their  objections  in 

writing  in  my  office,  on  or  before - ,  the - day  of - .  186  ,  at - o’clock 

— .  M.,  as  the  City  Council  will  at  that  time,  at  their  usual  place  of  meeting,  hear 
all  objections  to  the  assessment,  and  revise  and  confirm,  or  annul  the  same. 

Clerk. 

Sec.  10.  When  all  objections  to  the  assessment  shall  have  been 
heard,  and  the  revised  roll  and  corrected  by  the  City  Council,  an 
order  of  confirmation  shall  thereupon  be  entered  by  the  Clerk,  (if  such 
order  shall  be  made,)  which  order  may  be  in  the  following  form  : 

Whereas,  due  notice  has  been  given  by  the  City  Clerk,  of  the  return  of  the 
assessment  made  by  the  Commissioners  appointed  by  the  City  Council,  on  the 

- day  of - ,  186  ,  to  assess  the  sum  of - dollars  on  the  real  estate  in  the 

city  benefited  by  the  ( here  state  the  nature  of  the  assessment,)  and  all  objections  to 
such  assessment  having  been  duly  heard  and  disposed  of  by  the  City  Council,  (or 
“  no  objeclions  thereto  having  been  made,”  as  the  case  may  be,)  it  is  therefore— 

Ordered,  That  the  said  assessment  as  revised  and  corrected  by  the  City  Council 
be,  and  the  same  hereby  is  confirmed,  and  such  assessment  is  hereby  required  to 
be  paid  within - days  from  this  date,  and  that  a  warrant  be  issued  for  collec¬ 

tion  thereof,  returnable  in  thirty  days  from  this  da^e. 

It  is  further  ordered,  that  upon  the  return  of  such  warrant  if  any  part  of  said 
assessment  shall  not  be  collected,  the  City  Clerk  shall  apply  to  the  County  Court 
of  Stephenson  County,  for  judgment  against  the  lots  or  real  estate  upon  which 
such  an  assessment  remains  unpaid,  for  the  amount  of  such  assessment  and  costs, 
after  publishing  a  notice  of  such  intended  application  in  the  corporation  news¬ 
paper  for  thirty  days. 

Sec.  11.  Warrants  issued  for  the  collection  of  any  special 
assessment,  may  be  in  the  following  form  : 

COLLECTOR’S  WARRANT. 

State  of  Illinois,  j 
City  of  Freeport,  j 

The  People  of  the  State  of  Illinois  to  the  Collector  of  the  City  of  Freeport, 

Greeting  : 

Whereas,  The  City  Council  of  the  City  of  Freeport  did  on  the - day  of - 

186  ,  confirm  the  assessment  duly  made  and  filed  in  the  City  Clerk’s  office,  by  the 

Commissioners  appointed  by  the  City  Council  to  assess  the  sum  of - dollars 

upon  the  real  estate  in  the  said  city,  deemed  benefited  by  (here  state  the  terms  of  the 
original  order)  in  proportion  to  the  benefit  resulting  thereto,  in  pursuance  of  an 

order  for  said  assessment  made  by  the  City  Council,  on  the - day  of - , 

186  ,  (if  the  roll  has  been  revised  by  the  Council ,  then  add ,  “after  duly  revising 


60 


ORDINANCES. 


and  correcting  the  same,”)  and  did  thereby  assess  the  said  sum  of  money  upon  the 
real  estate  described  in  the  roll  of  said  assessment,  in  the  respective  proportions 
thereof  marked  ‘‘assessment,”  set  opposite  to  eacli  lot,  part  of  lot,  and  land 
described  in  said  roll ;  which  roll  is  in  the  words  and  figures  following,  to  wit: 

ASSESSMENT  ROLL. 

(Here  insert  a  time  and  perfect  copy  of  the  corrected  assessment  roll,  with  a  blank 
column  for  the  entry  of  payment.) 

Now,  therefore,  you  are  hereby  commanded  to  make,  levy  and  collect,  of  the 
goods  and  chattels  of  the  respective  owners  of  the  real  estate  above  described,  the 
several  sums  of  money  assessed  thereon,  for  which  each  may  be  liable,  as  afore¬ 
said,  and  hereof  make  due  return  in  what  manner  you  shall  execute  this  writ  , 
within  thirty  days  from  the  date  hereof. 

Witness,  David  H.  Sunderland,  Mayor  of  the  City  of 

L.  S.  Freeport,  and  the  corporate  Seal  thereof,  this - day 

of - 186  . 

Attest  :  D.  H.  SUNDERLAND,  Mayor, 

U.  M.  MAYER,  Oily  Clerk 

Sec.  12.  Such  Collector  shall  have  the  same  power  in  the  collec¬ 
tion  of  warrants  for  assessments  as  the  City  Collector  possesses  in 
the  collection  of  general  taxes.  If  any  part  of  the  assessment  shall 
not  be  collected  by  the  return  day  of  the  warrant,  he  shall  make 
return  thereof  in  the  manner  required  for  the  return  of  general  war¬ 
rants.  All  warrants  for  special  assessments  shall  be  charged  by  the 
City  Clerk  to  the  Collector  receiving  the  same,  and  such  Collector 
shall  be  liable  therefor,  in  the  same  manner  and  to  the  same  extent 
as  the  City  Collector  is  for  general  taxes. 

Sec.  13.  Upon  the  return  of  any  such  warrant,  if  any  part  of 
the  assessment  shall  not  be  collected,  the  City  Clerk  shall  apply 
to  the  County  Court  of  Stephenson  County  for  judgment  against  the 
lots  and  real  estate  on  which  the  assessments  so  remain  unpaid  for 
the  amount  of  such  assessment  and  cost,  after  publishing  a  notice  of 
such  intended  application  in  the  corporation  newspaper  for  thirty 
days. 

Sec.  14.  No  assessment  shall  be  deemed  to  be  invalid,  in  any  case 
where  the  same  shall  be  made  in  conformity  with  law,  although  the 
same  shall  not  be  made  in  conformity  with  the  proceedings  and 
forms  herein  prescribed. 

Passed  Julv  22,  1857. 


ASSESSMENTS 


61 


CHAPTER  III. 

BONDS. 

An  Ordinance  authorizing  the  issuing  of  bonds  for  the  purpose  of  building  a  bridge 
on  Stephenson  Street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  Mayor  of  this  city  be  and  he  is  hereby  authorized 
to  issue  bonds  in  behalf  of  the  city  for  a  loan  of  two  thousand  dol¬ 
lars,  payable  in  five  years  from  the  date  thereof,  for  the  purpose  of 
building  a  bridge  across  the  Pecatonica  river,  at  or  near  the  foot  of 
Stephenson  street  in  said  city,  at  a  rate  of  interest  not  exceeding  ten 
per  centum  per  annum,  payable  semi-annually. 

Passed  July  21,  1855. 


An  Ordinance  authorizing  the  issuing  of  bonds  for  the  purpose  of  purchasing 
Fire  Engines,  etc. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  Mayor  of  the  city  be,  and  he  hereby  is  author¬ 
ized  to  issue  bonds  in  behalf  of  the  city  for  a  loan  of  four  thousand 
dollars,  in  sums  of  not  less  than  one  hundred  dollars,  payable  in  six 
years  from  the  date  thereof,  for  the  purpose  of  purchasing  fire 
engines,  erecting  cisterns,  and  organizing  an  efficient  fire  department 
in  the  city — said  bonds  to  bear  interest  at  a  rate  not  exceeding  ten 

per  cent,  per  annum. 

Passed  December  31,  1855. 


An  Ordinance  authorizing  the  issuing  of  city  bonds  for  a  loan  of  five  thousand 
dollars. 

Whereas ,  At  an  election  held  the  ninth  day  of  June  inst,,  pur¬ 
suant  to  a  call  of  the  Mayor,  for  the  purpose  of  obtaining  the  sense 
of  the  legal  voters  of  the  city  upon  the  question  of  making  a  loan  of 


02 


ORDINANCES. 


five  thousand  dollars  for  the  purpose  of  paving  or  Macadamizing  the 
crossings  of  the  streets,  and  for  improving  the  streets  and  alleys  in 
the  city,  a  majority  of  votes  were  cast  for  the  loan  ;  therefor — 

Section  1 .  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  Mayor  of  the  city  be  and  he  is  hereby  authorized 
to  issue  bonds  in  behalf  of  the  city,  with  the  city  seal  affixed,  to  be 
attested  by  the  Clerk,  for  a  loan  of  five  thousand  dollars,  in  sums  of 
not  less  than  one  hundred  dollars,  one-half  of  said  sum  to  be  pay¬ 
able  in  six  years  and  one-half  in  seven  years  from  the  date  thereof, 
for  the  purpose  of  paving  or  Macadamizing  the  crossings  of  the 
streets  and  for  improving  the  streets  and  alleys  in  said  city ;  said 
bonds  to  be  at  interest  at  a  rate  not  exceeding  ten  per  cent,  per 
annum,  interest  payable  semi-annually  on  the  first  day  of  April  and 
October  in  each  year. 

Passed  June  9,  1857. 


An  Ordinance  authorizing  the  issue  of  bonds  in  place  of  numbers  6,  7,  8,  9  and  10. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  Mayor  of  the  city  be  and  he  is  hereby  authorized 
to  issue  bonds  in  behalf  of  the  city,  with  the  city  seal  affixed  and 
attested  by  the  City  Clerk,  for  the  sum  of  twenty-five  hundred 
dollars,  in  sums  of  not  less  than  one  hundred  dollars,  pay¬ 
able  in  six  years  from  the  date  thereof,  with  interest  coupons 
attached  payable  semi-annually,  on  the  first  days  of  April 
and  October  in  each  year,  said  interest  to  be  at  the  rate  of  ten  per 
cent,  per  annum,  which  bonds  hereby  authorized  to  be  issued  shall 
be  delivered  by  the  Mayor  to  the  holders  of  bonds  No.  6,  7,  8,  9  and 
10  of  the  city,  in  lieu  thereof,  upon  said  last  mentioned  bonds,  being 
surrendered  for  cancellation. 

Passed  October  3,  1863. 


BRIDGES. 


63 


/ 


An  Ordinance  authorizing  the  issuing  of  city  bonds  for  a  loan  of  three  thousand 
dollars. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  Mayor  of  the  city  be  and  he  hereby  is  authorized 
to  issue  bonds  in  behalf  of  the  city  for  a  loan  of  three  thousand  dol¬ 
lars  in  sums  of  not  less  than  one  hundred  dollars,  payable  in  ten 
years  from  the  date  thereof,  for  the  purpose  of  building  a  bridge 
across  the  Pecatonica  river  at  or  near  the  foot  of  Stephenson  street 
in  said  city,  and  Macadamizing  the  crossings  on  Galena  street  and 
improving  the  efficiency  of  the  fire  department  of  the  city,  said 
bonds  to  bear  interest  at  a  rate  not  exceeding  ten  per  cent,  per  annum 
interest  payable  semi-annually. 

Passed  November  9,  1863. 


« 


CHAPTER  IV. 

BRIDGES. 

An  Ordinance  concerning  Bridges.* 

Section  Section 

1.  Persons  crossing  bridges  not  to  drive  2.  No  more  than  ten  cattle  or  horses  to 
faster  than  a  walk.  be  driven  upon  any  bridge  atone 

time. 

Section  1 .  Be  it  Ordained  by  the  City  Council  of  the  City  of 
,  Freeport ,  That  no  person,  from  and  after  the  passage  hereof,  shall 
ride,  lead  or  drive  any  wagon,  carriage,  dray,  cart  or  other  vehicle 
or  conveyance,  nor  any  horse,  mare,  ox,  or  other  animal  over  or 
across  any  bridge  over  the  Pecatonica  river,  within  the  limits  of  this 
city,  or  over  the  Stephenson  street  bridge  extension,  at  a  faster  gait 
or  pace  than  a  common  walk ;  and  any  person  or  persons  who  shall 
be  guilty  of  a  violation  of  this  section,  shall,  for  each  and  every 
offense,  forfeit  and  pay  to  said  city  the  sum  of  five  dollars,  to  be 
recovered  before  any  court  having  jurisdiction. 

Sec.  2.  No  person  or  persons  shall  drive  or  assist  in  driving  on 
or  across  any  one  of  the  bridges  within  this  city  more  than  ten  head 

*Original  Ordinance  passed  February  16, 1856  and  amended  by  revisions  of  1857 
and  1868. 


ORDINANCES. 


t)4 


of  cattle  or  horses  at  any  one  time  in  a  drove ;  and  any  person 
violating  the  provisions  of  this  section  shall  forfeit  and  pay  to  said 
city  for  each  offense  a  penalty  of  not  less  than  two  dollars,  nor 
exceeding  twenty-five  dollars,  in  the  discretion  of  the  Magistrate 
convicting. 


CHAPTER  V. 

CITY  CEMETERY  AND  SEXTON. 

An  Ordinace  concerning  the  Freeport  Cemetery  and  City  Sexton.* 

Section  Section 

1.  Boundaries  of  cemetery  8.  City  Sexton  to  keep  a  record  of  inter- 

2.  Lots  in  cemetery,  how  described.  ments. 

3.  Applications  for  lots, how  made ;  City  9  To  attend  to  all  interments;  fees  for 

Clerk  to  keep  a  book  containing  list  digging  graves. 

of  lots,  etc.  10.  Penalty  for  neglect  of  duty. 

4.  City  Clerk  to  grant  deed  of  lot  on  pay-  11.  No  person  to  bury  on  unsold  lots; 

ment  therefor :  form  of  deed.  resistance  to  Sexton,  trespasses  on 

5.  Credit  to  be  given  for  lots  in  certain  grounds,  how  punished. 

cases;  notes  to  be  collected.  12.  Sexton  constituted  a  police  officer; 

6.  Burials  prohibited  till  lots  paid  for;  duties  as  police  officer. 

penalty.  13.  Burials  prohibited  in  former  burial 

7.  City  Sexton,  how  appointed,  his  du-  grounds. 

ties.  14.  Vacation  of  certain  alleys. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  north-west  quarter  of  the  north-east  quarter  of 
the  south-east  quarter  of  section  thirty -six,  township  twenty-seven 
north,  range  seven  east  of  the  fourth  principal  meridian,  heretofore 
set  apart  and  used  for  the  burial  of  the  dead,  shall  be  continued  for 
that  purpose  only,  and  shall  be  known  and  designated  as  the 
“  Freeport  Cemetery.” 

Sec.  2.  Lots  in  said  Cemetery  shall  be  described  as  heretofore, 
by  reference  to  the  plat  of  the  same,  recorded  in  the  office  of  the 
Clerk  of  the  Circuit  Court  of  Stephenson  County  in  book  U  of  deeds, 
page  542. 

Sec.  3.  Applications  for  lots  in  the  Cemetery  shall  be  made  to 
the  City  Clerk.  He  shall  be  provided  with  a  book  containing  a  list 
of  all  the  lots  in  the  Cemetery,  with  their  numbers  and  ranges 
described  in  accordance  with  the  plat  hereinbefore  mentioned, 


*  Original  Ordinance  passed  June  9, 1855,  and  amended  by  revisions  of  1857  and 
1808. 


CITY  CEMETERY  AND  SEXTON. 


65 


together  with  columns  ruled  for  the  entry,  when  sold,  of  the  name 
of  the  purchaser,  the  date  of  sale,  and  the  amount  received  for  each 
lot. 

Sec.  4.  On  payment  of  the  sum  of  money  at  which  any  lot  has 
been  duly  appraised,  to  the  City  Clerk,  by  the  purchaser,  the  City 
Clerk  shall  grant  a  deed  of  such  lot  to  the  purchaser,  signed  by  the 
Mayor  and  countersigned  by  himself,  under  the  corporate  seal, 
which  deed  may  be  in  the  following  form : 

CEMETERY  DEED. 

“  Know  all  men  by  these  presents,  that  the  City  of  Freeport,  in  the  County  of 
Stephenson  and  State  of  Illinois,  for  and  in  consideration  of  the  sum  of - dol¬ 
lars  to  the  city  paid  by - ,  hath  this  day  granted,  bargained  and  sold,  and  by 

these  presents  doth  grant,  bargain,  sell  and  convey  to  the  said - ,  and  to  his 

heirs  and  assigns  forever,  the  following  described  lot  of  ground  in  the  Freeport 
Cemetery,  situated  and  being  in  Stephenson  County  and  State  of  Illinois,  to  wit : 

Lot  numbered - in  range - in  the - quarter  of  said  Cemetery,  for  a 

more  full  description  of  which  reference  may  be  had  to  the  plat  of  said  Cemetery, 
recorded  in  the  office  of  the  Clerk  of  the  Circuit  Court  for  said  Stephenson  County. 

To  have  and  to  hold  to  the  said - and  to  his  heirs  and  assigns,  the  above 

described  premises  for  the  purpose  of  a  burial  ground  forever,  and  for  no  other 
purpose. 

In  witness  whereof,  the  Mayor  of  said  city,  for  and  in  behalf  of  said  city,  has 
hereunto  set  his  signature,  and  caused  the  seal  of  t  he  City  of  Freeport  to  be  affixed, 
this - day  of - ,  A.  D.  186  . 

[L.  S.]  Mayor  of  Freeport. 

Countersigned:  » 

City  Clerk."" 

Sec.  5.  Any  person  wishing  to  purchase  a  lot  in  the  Freeport 
Cemetery,  who  shall  be  unable  at  the  time  of  application  to  make 
payment  therefor,  shall  be  permitted  to  execute  and  deliver  to  the 
City  Clerk  for  the  use  of  the  city,  a  note  with  security  to  be  approved 
by  the  City  Clerk,  payable  three  months  after  date,  and  shall  be 
entitled  to  a  deed  for  the  lot  purchased  when  paid  for,  and  it  shall 
be  the  duty  of  City  Clerk  to  cause  to  be  collected,  when  due,  all 
notes  which  may  be  executed  for  lots  in  said  Cemetery,  and  the 
proceeds  thereof  to  account  for  to  the  City  Council. 

Sec.  6.  No  person  shall  bury  any  dead  body  in  any  lot  in  said 
Cemetery  until  such  lot  shall  have  been  paid  for,  or  until  the  pay¬ 
ment  therefor  shall  have  been  secured  as  hereinbefore  provided. 
Any  person  who  shall  bury  or  attempt  to  bury  in  any  lot  until  pay¬ 
ment  shall  be  made  or  secured  as  aforesaid,  shall  be  subject  to  a  fine 
of  not  less  than  five  dollars  nor  exceeding  one  hundred  dollars,  and 
it  is  hereby  made  the  duty  of  the  Sexton  to  prevent  such  burials 
and  to  enforce  penalties  whenever  any  shall  be  incurred. 

Sec.  7.  There  shall  be  appointed  by  the  City  Council  a  City 
Sexton,  who  shall  hold  his  office  for  the  term  of  one  year  and  until 
his  successor  is  appointed,  unless  sooner  removed.  He  shall  have 
charge  of  the  Cemetery,  and  keep  the  grounds,  walks  and  streets  in 
order  and  free  from  obstruction.  It  shall  be  his  duty  to  enforce  the 
9 


66 


ORDINANCES. 


ordinances  concerning  the  Cemetery,  and  report  violations  thereof 
to  the  Mayor  or  City  Attorney  for  prosecution.  He  shall  have  power 
to  direct  how  and  where  any  dead  body,  not  belonging  to  the  owner 
of  any  lot,  shall  be  buried,  and  to  prevent  the  deposit  of  any  body 
in  any  lot  the  property  of  another,  without  the  owner’s  consent. 

Sec.  8.  It  shall  be  the  duty  of  the  City  Sexton  to  keep  a  record 
of  all  interments  which  may  be  made  in  the  Cemetery,  stating  the 
name,  age,  disease  or  other  cause,  and  date  of  death,  the  place  in 
which  the  deceased  resided,  and  when  practicable,  the  place  of  birth. 
A  transcript  of  said  record  shall  be  deposited  by  the  City  Sexton  in 
the  City  Clerk’s  office  for  record  at  least  once  a  month,  and,  when 
required,  he  shall  cause  the  same  to  be  published. 

Sec.  9.  The  City  Sexton  shall  dig  or  cause  to  be  dug  all  graves 
in  the  Cemetery,  attend  to  the  interment  of  all  persons  buried 
therein,  and  fill  up  and  preserve  all  graves  therein.  Every  grave 
for  an.  adult  shall  be  at  least  five  feet  deep,  and  for  a  child  at  least 
four  feet  deep.  The  City  Sexton  is  hereby  authorized  to  demand 
and  receive  from  the  person  making  application  therefor,  the  sum  of 
two  dollars  and  fifty  cents  for  the  interment  of  each  person  over 
fifteen  years  of  age,  and  the  sum  of  two  dollars  for  the  interment  of 
each  person  under  fifteen  years  of  age. 

Sec.  10.  If  the  City  Sexton  shall  fail,  neglect  or  refuse  to  dig  or 
fill  up  any  grave  when  requested  so  to  do,  or^hall  improperly  treat 
any  dead  body,  or  shall  otherwise  neglect  or  refuse  to  perform  any 
of  his  duties,  he  shall  forfeit  and  pay  to  said  city  a  sum  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  11.  If  the  City  Sexton  shall  bury  or  attempt  to  bury  any 
dead  body  in  any  unsold  lot,  or  in  any  lot  belonging  to  another 
without  permission  ;  or  if  any  person  shall  resist  the  City  Sexton  in 
the  execution  of  any  duty,  or  refuse  or  neglect  to  obey  his  lawful 
directions  ;  or  be  found  discharging  firearms,  hunting  or  trespassing 
in  any  other  manner  in  the  Cemetery;  or  shall  injure,  deface  or 
destroy  any  tree,  shrub,  stone,  stake,  post,  fence,  monument,  vault, 
or  other  fixture,  building,  or  thing  of  value  or  ornament  in  the 
Cemetery,  or  trespass  on  any  grave  in  the  Cemetery,  he  or  they  shall 
severally  be  subjected  to  a  fine  of  not  less  than  ten  dollars  nor 
exceeding  one  hundred  dollars. 

Sec.  12.  The  City  Sexton  is  hereby  constituted  a  police  officer 
and  conservator  of  the  peace  for  said  city,  and  as  such  shall  have  full 
power,  in  addition  to  the  power  already  vested  in  him,  to  arrest  and 
take  before  the  Police  Magistate  any  person  who  shall  cause  any 
disturbance,  or  in  any  manner  break  or  threaten  to  break  the  peace, 
or  shall  disobey  any  order  or  regulation  of  the  City  Sexton  within 
or  about  the  Cemetery,  or  shall  violate  any  ordinance  of  the  city. 

Sec.  13.  Hereafter  if  any  person  or  persons  shall  bury  or 
attempt  to  bury  any  dead  body  in  the  grounds  situated  in  Clark’s 


CITY  CEMETERY  AND  SEXTON. 


67 


addition  tcP  the  Town  of  Freeport,  and  which  were  formerly  used 
for  the  burial  of  the  dead,  he  or  they  shall  be  subjected  to  a  fine  of 
not  less  than  ten  dollars  nor  exceeding  one  hundred  dollars. 

Sec.  14.*  The  alleys  between  ranges  number  five  and  six,  ten 
and  eleven,  twelve  and  thirteen,  fifteen  and  sixteen,  in  the  north¬ 
west  quarter  of  the  Freeport  Cemetery  are  hereby  declared  vacated, 
and  the  alleys  vacated  as  aforesaid  are  to  be  divided  in  the  center 
thereof,  the  one-half  to  be  attached  to  and  become  part  of  the  lots 
adjoining  on  the  west  side  of  said  alleys,  and  the  other  half 
thereof  to  be  attached  to  and  become  part  of  the  lots  adjoining  said 
alleys  on  the  east  side  thereof,  and  the  title  of  said  alleys  so  divided 
shall  be  conveyed  and  pass  with  the  said  lots  to  which  they  are 
hereby  attached  without  any  other  description  than  that  required  in 
conveying  the  original  lots  in  said  Cemetery. 


*  Section  14  was  passed  March  4, 1865. 


68 


ORDINANCES. 


c 


CHAPTER  VI. 

CITY  OFFICERS. 

An  Ordinance  concerning  city  officers  and  prescribing  their  duties. 

ARTICLE  I.  GENERAL  PROVISIONS. 

*•  II.  CITY  ATTORNEY. 

“  III.  CITY  CLERK. 

“  IV.  CITY  SURVEYOR. 

“  V.  CITY  TREASURER. 

“  VI.  STREET  COMMISSIONER. 


ARTICLE  I.  GENERAL  PROVISIONS. 

Section  Section 

1.  Oath  of  office;  bonds  how  condi-  3.  Compensation  of  officers. 

tioned.  4.  Majority  of  City  Council  present,  suf- 

2.  Officers  how  removed;  to  be  heard  on  ficient  to  elect. 

charges  preferred.  5.  Penalty  for  neglecting  duty. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  City  Attorney,  City  Clerk,  City  Surveyor,  City 
Treasurer  and  Street  Commissioner,  before  entering  upon  the  duties 
of  their  respective  offices,  shall  each  take  and  subscribe  the  oath  of 
office,  prescribed  by  the  Constitution  of  this  State,*  and  for  the  faith¬ 
ful  performance  of  their  duties,  and  shall  likewise  give  bonds  to  the 
city,  with  sureties  to  be  approved  by  the  City  Council,  in  the  penal 
sums  hereinafter  named,  conditioned  that  they  will  faithfully  per¬ 
form  the  duties  of  their  respective  offices,  and  that  they  will,  when 
required  by  the  City  Council,  pay  over  all  moneys  and  deliver  up 
ail  property  in  their  custody  belonging  to  the  city.  Said  oath  and 
bond  shall  be  filed  with  the  City  Clerk.  The  penalties  in  the  bonds 
required  in  this  section  of  the  several  officers,  shall  be  as  follows : 
City  Attorney,  five  hundred  dollars  ;  City  Clerk,  one  thousand  dol¬ 
lars  ;  City  Surveyor,  five  hundred  dollars;  City  Treasurer,  ten 
thousand  dollars ;  Street  Commissioner,  five  hundred  dollars. 


*  See  Constitution,  Art.  III.,  Sec.  30  ;  Ibid.  Art.  XIII  ,  Sec.  26. 


CITY  OFFICERS. 


6!) 


Sec.  2.  Any  officer  appointed  by  the  City  Council  may  be 
removed  by  a  majority  of  said  Council  for  incompetency,  or  any 
dereliction  or  violation  of  duty,  whenever  the  said  Council  shall 
think  the  interests  of  said  city  require  such  removal :  Provided , 
that  no  officer  shall  be  removed  as  aforesaid,  until  he  shall  have 
notice  of  such  intended  removal  and  of  the  charge  or  charges  pre¬ 
ferred  against  him,  served  on  him  by  the  City  Clerk,  and  an  oppor¬ 
tunity  to  exculpate  himself  before  the  City  Council. 

Sec.  3.  Each  officer  hereinbefore  mentioned  shall  receive  such 
salary  or  other  compensation  for  his  services  as  the  City  Council  may 
from  time  to  time  determine,  unless  otherwise  provided. 

Sec.  4.  In  the  election  or  appointment  of  any  city  officer  by 
the  City  Council,  the  person  who  shall  receive  the  highest  number 
of  votes  for  any  office  shall  be  declared  elected. 

Sec.  5.  Every  officer  elected  or  appointed  by  the  City  Council, 
who  shall  fail  or  neglect  to  perform  any  duty  assigned  him  by  any 
ordinance  of  the  city,  where  not  otherwise  specially  provided,  shall 
for  each  and  every  such  offense,  forfeit  and  pay  to  said  city  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars,  or  shall  be 
removed  from  office  by  the  City  Council,  and  sued  for  the  recovery 
of  the  penalty  upon  his  bond. 


ARTICLE  II.  CITY  ATTORNEY.* 

Section  Section 

1.  Duty  of  City  Attorney  to  institute,  3.  Authorized  to  take  appeals  and  ex- 

prosecute  and  defend  suits ;  to  pay  ecute  appeal  bonds. 

money  into  treasury,  etc.  4.  Privileges  of  Attorney  in  City  Coun- 

2.  To  draft  ordinances,  bonds,  etc. ;  to  cil. 

act  as  legal  adviser  of  the  city.  5.  Salary  and  fees  of  City  Attorney  ; 

proportion  of  judgments  and  fines. 

Section  1.  It  shall  be  the  duty  of  the  City  Attorney  to  prose¬ 
cute  all  suits  for  the  recovery  of  fines  and  penalties  which  may  be 
brought  in  any  court,  and  also  to  institute  and  defend  all  suits  which 
may  be  brought  in  any  court,  by  or  against  the  city  or  any  of  its 
officers,  on  account  of  any  of  their  official  acts.  He  shall  cause 
executions  to  be  issued  on  judgments  which  may  be  recovered,  and 
attend  to  their  prompt  collection.  All  money  which  may  be  received 
by  him  on  account  of  the  city,  shall  be  paid  into  the  city  treasury. 


*  Original  Ordinance  passed  April  28, 1855,  and  amended  by  revision  of  1857 


70 


ORDINANCES. 


Sec.  2.  The  City  Attorney  shall  draft  all  ordinances,  bonds, 
contracts,  leases,  conveyances,  and  all  other  instruments  of  writing 
which  may  be  required  of  him  by  ordinance  or  order  of  the  City 
Council.  It  shall  be  his  duty  to  act  as  the  legal  adviser  of  the  city, 
in  all  matters  pertaining  to  contracts  with  or  by  the  city,  or  any 
question  of  legality  arising  out  of  any  law,  ordinance,  the  City 
Charter,  or  otherwise.  Whenever  his  written  opinion  may  be 
required  in  reference  to  any  subject  submitted  to  him,  it  shall  be  his 
duty  to  furnish  it. 

Sec.  3.  The  City  Attorney  is  hereby  authorized  and  empowered 
to  take  appeals,  in  all  cases  where,  in  his  opinion,  the  interests  of 
the  city  require  it,  and  to  prosecute  and  defend  the  same  in  the 
appellate  court — and  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  section  he  is  hereby  authorized  to  make  the  neces¬ 
sary  affidavits,  and  to  make  and  execute  in  the  name  of  the  City  of 
Freeport,  the  necessary  appeal  or  other  bonds,  signing  the  same  as 
City  Attorney. 

Sec.  4.  Upon  all  questions,  resolutions  or  motions  before  the 
City  Council,  amending,  repealing,  or  in  any  manner  affecting  any 
ordinance  or  enacting  any  ordinance,  the  City  Attorney  shall  be 
entitled  to  all  the  privileges  of  an  Alderman,  except  the  privilege  of 
voting. 

Sec.  5.  The  compensation  of  the  City  Attorney  shall  be  allowed 
from  time  to  time  by  the  City  Council  on  an  account  to  be  presented 
by  him.  The  account  shall  state  briefly  the  nature  of  the  services 
rendered.  The  compensation  shall  be  as  follows — subject  to  be 
increased  or  diminished  by  the  City  Council  in  their  discretion : 

Fir  sit.  An  annual  salary!  of - dollars. 

Second.  Reasonable  fees  in  suits  appealed  to,  or  instituted  in 
courts  of  record. 

Third.  And  one-half  of  all  judgments  of  five  dollars  and  under, 
and  three  dollars  on  all  judgments  over  five  dollars  which  may  be 
recovered  in  any  case. 

t  Salary  affixed  from  time  to  time,  by  order  of  the  City  Council. 


1 


CITY  OFFICERS. 


71 


ARTICLE  III.  CITY  CLERK. 

Section  Section 

1.  City  Clerk  to  be  the  keeper  of  the  city  2.  City  Clerk  to  attend  meetings  of 

seal,  to  have  custody  of  records,  Council,  to  countersign  warrants,  to 

documents,  etc.  make  out  a  statement  of  the  fiscal 

affair*  of  the  city. 

3.  Pe  s  of  City  Clerk. 

Section  1.  The  City  Clerk  shall  be  the  keeper  of  the  city  seal, 
and  shall  affix  it  to  all  instruments  and  papers  which  by  law  or 
ordinance  are  required  to  be  attested  by  the  city  seal ;  lie  shall  have 
the  custody  of  and  safely  keep  all  public  records,  documents,  ordi¬ 
nances,  resolutions  and  orders  of  the  City  Council,  and  such  other 
papers  and  documents  as  may  be  delivered  into  his  custody. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Clerk  to  attend  all  meet¬ 
ings  of  the  City  Council,  keep  the  minutes  of  all  their  proceedings 
and  record  the  same  in  books  to  be  provided  by  the  City  Council, 
and  to  be  kept  in  his  office.  He  shall  keep  a  correct  account  between 
the  city  and  the  City  Treasurer  by  charging  him  with  all  sums 
received  by  him  as  exhibited  to  the  City  Clerk  in  his  duplicate 
receipts,  and  crediting  him  with  all  money  paid  out  by  him  by  order 
of  the  City  Council,  and  he  shall  allow  the  City  Treasurer  such  other 
credits  as  he  may  be  entitled  to  by  law  and  the  ordinances  of  the  city. 
He  shall  countersign  all  warrants  drawn  on  the  Treasury  and  deliver 
the  same  when  called  for,  taking  a  receipt  therefor,  and  generally  he 
shall  do  and  perform  such  other  duties  as  may  from  time  to  time  be 
enjoined  upon  him  by  ordinance  or  resolution  of  the  City  Council. 
It  shall  be  the  duty  of  the  City  Clerk  at  the  close  of  each  fiscal  year, 
to  make  out  and  lay  before  the  Council  a  full  and  explicit  statement 
of  the  receipts  and  expenditures,  and  of  all  the  fiscal  affairs  of  the 
city  during  such  year,  and  cause  the  same  to  be  published  in  the 
corporation  newspaper;  such  fiscal  year  shall  commence  on  the  first 
day  of  April  in  each  year,  and  shall  end  on  the  last  day  of  the  next 
succeeding  March. 

Sec.  3.  The  City  Clerk  shall  be  entitled  to  demand  and  receive 
as  fees  or  perquisites  of  his  office  (except  where  required  for  the 
exclusive  use  of  the  city) — 

For  issuing  each  license,  one  dollar. 

For  each  deed  for  real  estate  issued  by  the  city,  except  for 
Cemetery  lots,  one  dollar. 

For  the  use  of  the  city  seal  on  any  attestation,  acknowledgment 
or  other  certificate,  fifty  cents. 

Administering  oath  and  attesting  the  same,  twenty-five  cents. 

For  canceling  each  tax  or  other  certificate  of  sale,  twenty-five 
cents. 


72 


ORDINANCES. 


ARTICLE  IV.  CITY  SURVEYOR.* 


Section  Section 

1.  City  Surveyor  to  examine  public  irn-  3.  Tomarkthe  grade  of  any  lot  when 

provements  to  make  surveys,  plats  requested  ;  fees  for  the  same, 
and  estimates  for  public  improve  4.  To  survey  new  streets,  etc.,  and  per- 
ments;  general  duties.  form  such  other  duties  as  required 

2.  To  survey  lots  when  requested  and  by  the  City  Council. 

give  the  grade  thereof ;  fees  for  sub¬ 
dividing  lots ;  penalty  for  false  state¬ 
ment. 

Section  1.  It  shall  be  the  duty  of  the  City  Surveyor,  from  time 
to  time,  to  examine  all  public  improvements  in  course  of  construc¬ 
tion.  He  shall  also  make  the  necessary  surveys,  plats,  drawings  and 
estimates  of  all  public  improvements  and  buildings  ordered  by  the 
City  Council,  and  make  all  necessary  surveys  of  streets,  alleys, 
avenues,  public  squares,  and  all  other  surveys  required  in  the  city, 
and  also,  when  required  by  the  City  Council,  to  mark  the  line  of  any 
lot,  or  any  public  or  private  property,  or  the  grade  of  any  street, 
alley  or  avenue,  and  mark  the  same  in  some  substantial  and  perma¬ 
nent  manner;  make  correct  levelings  of  the  streets,  alleys  or  avenues, 
the  grade  whereof  is  not  yet  established,  and  report  plans  and  esti¬ 
mates  for  the  grading  thereof;  and  levelings,  plans  and  estimates  of 
any  street,  alley  or  avenue,  the  grading  whereof  shall  be  changed  or 
altered,  making  such  land-marks,  either  for  surveying  or  leveling, 
by  planting  stones  or  otherwise,  as  he  shall  deem  necessary  or  useful ; 
mark  out  all  streets,  alleys  or  avenues  authorized  by  ordinance  to  be 
opened  ;  construct  and  keep  in  his  office  a  connected  map  of  the  city, 
showing  thereon  the  several  additions  thereto,  the  streets,  alleys, 
avenues,  public  squares,  public  buildings  and  city  property,  bridges, 
and  generally  all  such  conspicuous  and  permanent  topographical 
objects  as  he  shall  deem  necessary,  and  from  time  to  time  correct  and 
alter  the  same,  as  circumstances  may  require.  Whenever  required 
by  the  City  Council  he  shall  report  his  proceedings  to  said  Council, 
and  shall  at  the  expiration  of  his  office  deliver  to  his  successor  all 
maps,  plats  and  other  property  belonging  to  the  city. 

Sec.  2.  The  City  Surveyor,  when  requested  to  survey,  subdivide, 
or  give  the  grade  of  any  lot  or  piece  of  ground  within  the  city,  shall 
survey  the  same,  and  mark  the  metes  and  bounds  and  grade  thereof, 
and  give  the  person  applying  therefor  a  certificate,  specifying  the 
metes  and  bounds  and  grade,  (when  established,)  and  shall  be 
entitled  to  receive  as  compensation  for  the  same  the  following  fees, 
to  be  paid  by  the  party  applying  therefor:  For  surveying  any  lot, 


*  Original  Ordinance  passed  April  20, 1856,  and  amended  by  revision  of  1857. 


CITY  OFFICERS 


73 


or  surveying  and  subdividing  any  lot,  not  more  than  once,  or  giving 
the  grade  of  the  street  in  front  thereof,  the  sum  of  two  dollars ; 
and  if  subdivided  more  than  once,  and  not  more  than  four  times, 
three  dollars;  if  subdivided  more  than  four  times,  and  not  more 
than  seven,  five  dollars;  and  for  all  subdivisions  over  seven  in  num¬ 
ber,  he  shall  receive  at  the  rate  of  one  dollar  for  each  subdivision. 
If  he  shall  give  a  false  or  incorrect  certificate  of  any  survey  or  of 
any  grade,  he  shall  forfeit  and  pay  to  said  city  not  less  than  five  nor 
more  than  one  hundred  dollars. 

Sec.  3.  Every  person  intending  to  build  upon  any  lot,  may 
apply  to  the  City  Surveyor  for  the  grade  in  front  thereof,  and  the 
City  Surveyor  shall  ascertain  and  mark  the  same,  and  give  a  certifi¬ 
cate  thereof,  for  which  he  shall  receive  a  compensation  of  two 
dollars,  to  be  paid  by  the  party  applying  therefor. 

Sec.  4.  Whenever  any  new  street,  alley  or  avenue  is  established, 
or  any  alteration  made  in  existing  streets,  alleys  or  avenues,  the  City 
Surveyor  shall  survey  the  same,  running  the  center  line  thereof,  and 
noting  the  width  of  the  street  on  each  side  of  the  line  and  the  inter¬ 
section  of  certain  streets  therewith.  The  City  Surveyor  shall  like¬ 
wise  do  and  perform  such  other  duties  as  may  from  time  to  time  be 
enjoined  upon  him  by  ordinance  or  resolution  of  the  City  Council. 


ARTICLE  V.  CITY  TREASURER. 

Section  Section 

1.  City  Treasurer  to  take  charge  and  drawn ;  account  of  different  funds  to 

keep  account  of  city  funds  ;  to  give  be  kept  separate. 

duplicate  receipts  3.  City  Treasurer  to  make  report  at  close 

2.  To  keep  separate  account  of  Ceme-  of  each  year. 

tery  fund ;  city  warrants  how  to  be  4.  Compensation. 

Section  1.  It  shall  be  the  duty  of  the  City  Treasurer,  from 
time  to  time,  to  take  under  his  charge  and  keep  a  true  and  correct 
account  of  all  money  belonging  to  the  City  of  Freeport,  stating 
from  whom  and  on  what  account  received,  and  he  shall  give  two 
receipts  therefor,  to  the  person  from  whom  he  may  receive  the  same, 
one  of  which  receipts  the  person  to  whom  the  Treasurer  may  give 
them  shall  deliver  to  the  City  Clerk,  in  order  that  the  Treasurer 
may  be  charged  by  the  City  Clerk  with  the  amount  thereof ;  and  in 
no  case  shall  any  officer  of  the  city,  or  any  other  person,  be  released 
from  his  responsibility  to  the  city  for  any  money  he  may  at  any 
10 


74 


ORDINANCES. 


time  have  in  his  possession  belonging  to  the  city,  until  he  shall 
deliver  to  the  City  Clerk  the  Treasurer’s  receipt  therefor. 

Sec.  2.  The  City  Treasurer  shall  keep  a  separate  and  distinct 
account  of  the  receipts  and  expenditures  connected  with  the  Free¬ 
port  Cemetery,  and  in  making  reports  to  the  City  Council  he  shall 
make  a  separate  and  specific  report  of  the  same.  He  shall  pay  from 
the  Treasury  such  sums  of  money  as  may  be  ordered  by  the  City 
Council,  and  the  warrants  therefor  shall  be  signed  by  the  Mayor  or 
presiding  officer  of  the  City  Council,  and  countersigned  by  the  City 
Clerk,  and  shall  state  for  what  purpose  the  money  is  appropriated. 
He  shali  keep  the  account  of  each  fund  separate  and  distinct  from 
any  other,  charging  said  fund  with  all  payments,  and  crediting  it 
with  all  moneys  received  on  account  thereof ;  and  upon  all  warrants 
payable  out  of  any  particular  fund,  there  shall  be  legibly  written 
the  name  of  the  fund  out  of  which  they  are  payable. 

Sec.  3.  The  City  Treasurer  shall  at  the  close  of  each  fiscal  year, 
and  offcener,  if  required,  make  out  and  deliver  to  the  City  Clerk  a 
full  and  complete  report  of  his  doings  during  the  preceeding  year, 
stating  the  amount  of  money  received,  and  from  whom  and  for 
what  purpose  received,  and  exhibiting  all  credits  allowed  by  law 
and  the  ordinances  of  the  city,  and  he  shall  do  and  perform  such 
other  duties  as  may  be  required  of  him  by  ordinance,  resolution  or 
order  of  the  City  Council. 

Sec.  4.  The  compensation  of  the  City  Treasurer  shall  be  one 
per  cent,  on  all  money  received  by  him  as  such  Treasurer. 


CITY  OFFICERS. 


75 


ARTICLE  VI.  STREET  COMMISSIONER.* 

Section  Section 

1.  Street  Commissioner  to  superintend  5.  Street  Commissioner  to  issue  receipt 

improvements  in  streets,  etc.  to  persons  who  labor  or  pay  money 

2.  To  make  out  a  list  of  all  persons  lia-  in  lieu  of  labor. 

ble  to  labor  on  streets;  copy  of  the  6.  Street  Commissioner  to  deliver  list  of 

same  to  be  kept  at  City  Clerk’s  office.  delinquents  to  the  City  Attorney; 

3.  What  persons  required  to  labor  on  Attorney  to  prosecute  the  same, 

streets;  money  may  be  paid  in  lieu  7.  Street  commissioner  to  report  to  City 

of  labor;  delinquents  to  be  prose-  Council,  etc. 

cuted.  8.  May  employ  assistance;  receipts  to 

4.  Street  Commissioner  to  demand  ser-  be  taken  for  money  paid  out. 

vices  of  persons  required  to  labor  by  9.  Compensation  of  Street  Cominis- 

serving  notice,  etc. ;  form  of  notice.  sioner. 

Section  1.  It  shall  be  the  duty  of  the  Street  Commissioner  to 
superintend  all  improvements  in  the  streets  and  alleys  of  the  city, 
and  to  carry  into  effect  all  orders  of  the  City  Council  in  relation 
thereto. 

Sec.  2.  It  shall  also  be  the  duty  of  the  Street  Commissioner  to 
make  out  a  list  of  all  the  persons  who  are  liable,  under  the  City  Charter 
or  under  the  ordinances  of  this  city,  to  perform  labor  on  the  streets 
and  alleys  of  this  city,  during  the  time  for  which  he  is  appointed, 
which  list  shall  be  made  in  a  well  bound  and  durable  book,  and 
when  any  person  shall  perform  such  labor,  the  Street  Commissioner 
shall  enter  on  said  list,  opposite  the  proper  name,  the  words  “  paid 
by  labor,”  and  whenever  any  person  shall  pay  the  amount  of  money 
required  by  ordinance  to  be  paid  in  lieu  of  labor,  the  Street  Com¬ 
missioner  shall  enter  on  said  list,  in  the  proper  place,  “  paid  in 
money.”  A  copy  of  said  book  shall  be  kept  at  the  City  Clerk’s 
office,  and  names  added  therein,  from  time  to  time,  as  the  same  are 
added  in  the  book  to  be  kept  by  the  Street  Commissioner. 

Sec.  3.  Every  male  inhabitant  of  this  city,  over  the  age  of 
twenty-one  years,  and  under  theage  of  sixty  years,  is  hereby  required 
to  labor  two  days  in  each  year  upon  the  streets  and  alleys  of  said 
city,  at  such  time  and  place  and  in  such  manner  as  the  Street  Com¬ 
missioner  shall  direct:  but  every  such  person  may,  at  his  option, 
pay  at  the  rate  of  one  dollar  for  every  day  he  shall  be  so  bound  to 
labor  :  Provided ,  such  payment  shall  be  made  on  or  before  the  first 
of  the  two  days  upon  which  he  may  be  notified  by  the  Street  Com¬ 
missioner  to  labor,  and  in  default  of  payment  as  aforesaid,  each  per¬ 
son  so  making  default  shall  forfeit  and  pay  to  the  city  the  sum  of 


*  Ordinances  passed  May  5,  1855,  April  19, 1856,  April  13,  1857,  and  amended  by 
revisions  of  1857  and  1868. 


t 


76 


ORDINANCES. 


two  dollars,  to  be  collected,  together  with  the  costs  of  suit,  by  an 
action  of  debt  before  the  Police  Magistrate  of  said  city,  and  there 
shall  be  assessed,  as  part  of  the  costs,  in  every  such  case,  the  sum  of 
three  dollars,  as  Attorney’s  fees. 

Sec.  4.  It  shall  be  the  duty  of  the  Street  Commissioner  to 
demand  the  services  of  all  persons  who  are  required  to  labor  upon 
the  streets  and  alleys  of  said  city,  at  such  time  and  place,  and  in 
such  manner  as  he  may  deem  necessary,  or  as  shall  be  prescribed  by 
the  City  Council.  The  Street  Commissioner  is  hereby  required  to 
deliver  to,  or  cause  to  be  delivered  to,  or  left  at  the  place  of  resi¬ 
dence  or  ordinary  place  of  business  of  every  person  so  required  to 
labor  upon  the  streets  and  alleys  as  aforesaid,  a  written  or  printed 
notice,  at  least  three  days  previous  to  the  first  day  he  shall  be 
required  to  labor,  which  notice  may  be  in  the  following  form  : 

“  City  of  Freeport,  - - ,  186  . 

“Mr, - ,  Sir  :  You  are  hereby  notified  and  required  to  appear  at - ,  at  7 

o’clock  A.  M.,  on - -  with — ,  for  the  purpose  of  laboring  upon  the  streets  and 

alleys  of  said  city  as  you  shall  then  and  there  be  directed  by  me.  In  case  you 
shall  fail  so  to  appear  and  labor,  you  are  hereby  required  on  or  before  the  first  day 
above  mentioned  to  call  upon  the  Street  Commissioner  and  pay  to  him  the  sum  of 
two  dollars  in  cash  otherwise  you  will  become  liable  to  be  sued  for  said  sum, 
without  further  notice. 

H.  D.  Rodearmel,  Street  Commissioner 

Sec.  5.  The  Street  Commissioner  shall  issue  his  receipt  to  all 
persons  who  shall  faithfully  labor  upon  the  streets  and  alleys,  under 
his  direction,  for  two  days;  he  shall  also  give  his  receipt  to  all  per¬ 
sons  from  whom  he  shall  receive  commutation  money  in  lieu  of 
labor. 

Sec.  6.  It  shall  be  the  duty  of  the  Street  Commissioner'  at  the 
beginning  of  each  month,  to  deliver  to  the  City  Attorney  a  list  of 
the  names  of  all  those  persons  who  have  been  duly  notified  to  labor 
upon  the  streets  and  alleys  of  said  city,  and  who  have  neglected  to 
perform  said  labor,  and  have  failed  to  pay  the  commutation  money, 
in  lieu  of  labor,  as  hereinbefore  provided,  and  it  is  hereby  made  the 
duty  of  the  City  Attorney,  unless  otherwise  directed  by  the  City 
Council,  forthwith  to  institute  suits  against  all  the  persons  named  in 
said  list. 

Sec.  7.  It  shall  be  the  duty  of  the  Street  Commissioner,  at  each 
regular  meeting  of  the  City  Council,  to  report  to  the  City  Council 
the  amount  of  money  received  in  lieu  of  labor,  since  the  last  regular 
meeting  of  the  City  Council,  or  since  his  last  report;  the  amount  of 
money  paid  out  for  labor  upon  the  streets  and  alleys ;  the  number  of 
days’  labor  performed ;  the  place  where  performed,  and  the  amount 
of  money  in  his  hands. 

Sec.  8.  The  Street  Commissioner  is  hereby  authorized  to 
employ  such  assistance  as  he  may  deem  necessary  in  performing  the 
duties  of  his  office :  Provided,  that  he  shall  expend  no  more  money 


CORPORATION  PAPER. 


77 


for  such  assistance  than  the  amount  collected  by  him  as  above  pro¬ 
vided,  unless  by  special  direction  of  the  City  Council,  and  provided 
that  he  shall  pay  out  no  money  without  taking  receipts,  showing 
for  what  the  same  is  paid  out;  which  receipts  shall  be  exhibited 
from  time  to  time  to  the  City  Council  as  vouchers. 

Sec.  9.  The  Street  Commissioner  shall  receive  as  compensation 
for  his  services,  the  sum  of  three  dollars  for  each  day  actually  em¬ 
ployed  between  the  first  day  of  April  and  the  first  day  of  December  of 
each  year,  in  performing  the  duties  of  his  office,  and  two  dollars  for 
each  day  so  employed  during  the  remainder  of  the  year,  to  be 
allowed  on  an  account  to  be  presented  by  him  to  the  City  Council. 


CHAPTER  VII. 

CORPORATION  PAPER. 


An  Ordinance  concerning  the  corporation  newspaper. 

Section  Section. 

1.  City  Council  to  designate  a  corpora-  2.  Compensation  of  publishers  of  cor- 
tion  newspaper ;  all  ordinances  and  poration  newspaper, 

proceedings  to  be  published  therein. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  City  Council,  at  the  first  meeting  of  said  Council 
after  the  organization  thereof,  in  each  year,  or  as  soon  thereafter  as 
practicable,  shall  designate  one  public  newspaper  printed  in  said 
city,  in  which  shall  be  published  all  ordinances,  and  other  proceed¬ 
ings  and  matters  required  in  any  case  by  the  City  Charter  and 
amendments  thereto,  or  by  the  ordinances  of  the  City  Council  to  be 
published  in  a  public  newspaper,  and  said  newspaper  shall  continue 
to  be  the  corporation  newspaper  until  another  newspaper  shall  be 
designated  as  the  corporation  newspaper. 

Sec.  2.  The  publisher  of  the  corporation  newspaper  shall  receive 
a  reasonable  compensation  for  his  Services,  to  be  allowed,  from  time 
to  time  on  an  account  to  be  presented  by  him  to  the  City  Council. 


78 


ORDINANCES. 


CHAPTER  VIII. 


DOGS. 


An  Ordinance  concerning  Dogs, 

ARTICLE  I.  OF  THE  REGISTERING  OF  DOGS. 

“  II.  OF  THE  MUZZLING  OF  DOGS. 


ARTICLE  I.  OF  THE  REGISTERING  OF  DOGS.* 

Section  Section 

1.  Registering  and  tax.  5.  Tax,  when  payable. 

2.  Duty  of  City  Clerk.  8.  Ordinance  not  to  apply  iD  certain 

3.  Penalty  for  violation.  cases. 

4.  Duty  of  Marshal  and  Police  officers.  7.  Penalty  for  interfering  with  officers 

enforcing  this  ordinance. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  any  person  or  persons  owning  or  keeping  within  this 
city  any  dog  or  bitch,  shall  pay  to  the  city  for  each  dog  an  annual 
tax  of  one  dollar,  and  for  each  bitch  an  annual  tax  of  five  dollars, 
and  shall  procure  and  put  around  the  neck  of  each  dog  or  bitch,  a 
metal  collar  having  a  metal  plate  affixed  thereto,  on  which  the 
name  of  such  owner  or  keeper  shall  be  inscribed  with  plain  letters, 
and  shall  cause  such  dog  or  bitch  to  be  registered  in  the  office  of  the 
City  Clerk. 

Sec.  2.  The  City  Clerk  shall  procure  and  keep  a  suitable  book 
to  be  called  the  “Dog  Register,”  in  which  the  owner  or  keeper  of 
every  dog  or  bitch  owned  or  kept  in  this  city,  shall  cause  the  same 
to  be  registered,  and  also  a  suitable  stamp,  die  or  type,  to  stamp 
the  figures  of  the  year  of  the  Registry  upon  the  collar  of  each  and 
every  dog  or  bitch  so  registered  as  aforesaid,  and  the  City  Clerk  shall 
be  entitled  to  receive  from  the  person  having  the  said  dog  or  bitch 
so  registered  a  fee  of  twenty  cents,  but  the  City  Clerk  shall  make  no 
such  registry  until  the  person  applying  for  the  same  shall  have 
complied  with  the  provisions  of  the  first  section  of  this  article. 


*  Original  Ordinance  passed  May  11, 1860,  and  amended  by  revision. 


DOGS, 


79 


Sec.  3.  Whoever  shall  own  or  keep  in  or  about  his  or  her  place 
of  abode  in  this  city  any  dog  or  bitch  not  registered  and  collared  as 
aforesaid,  shall  forfeit  and  pay  to  the  city  not  less  than  one  dollar 
nor  more  than  ten  dollars  to  be  recovered  as  other  fines  and 
forfeitures. 

Sec.  4.  The  City  Marshal  when  directed  by  the  Mayor,  after 
giving  ten  days  notice  by  posting  up  handbills  in  the  most  conspic¬ 
uous  places,  in  the  city,  shall  by  himself  or  the  Police  officers  of  the 
city,  kill  all  dogs  or  bitches,  found  in  the  city  and  belonging  to  or 
kept  by  any  inhabitant  or  inhabitants  thereof  not  registered  and 
collared  as  aforesaid,  and  upon  affidavit  of  the  City  Marshal  or  such 
Police  officer  of  the  number  so  killed,  he  or  they  shall  be  entitled  to 
receive  one  dollar  for  each  one  so  killed,  provided  he  or  they  cause 
the  same  to  be,  removed  and  buried  beyond  the  limits  of  the  city. 

Sec.  5.  The  tax  specified  in  section  one  of  this  article,  shall  be 
paid  to  the  City  Clerk  and  shall  be  due  and  payable  on  the  first  day 
of  June  of  each  and  every  year,  and  shall  include  all  the  dogs  and 
bitches  of  every  person  moving  into  said  city  between  the  first  days 
of  June  and  December  of  each  year  and  in  no  case  shall  the  amount 
of  tax  to  be  paid  be  less  than  that  prescribed  by  the  first  section  of 
this  article. 

Sec.  6.  No  Section  of  this  article  shall  be  construed  as  applying 
to  any  dog  or  bitch  owned  by  any  person  coming  to  or  passing 
through  this  city — and  not  residing  in  the  same — nor  to  any  dog  or 
bitch  until  it  arrives  at  the  age  of  three  months. 

Sec.  7.  Any  person  who  shall  molest,  interrupt,  interfere  with, 
hinder  or  prevent  the  City  Marshal  or  any  Police  officer  in  the  dis¬ 
charge  of  his  duty  as  prescribed  in  this  article  shall  upon  conviction 
be  fined  not  less  than  five  dollars  nor  more  than  one  hundred  dollars 
for  each  offense. 


80 


ordinances. 


ARTICLE  II.  OF  MUZZLING  DOGS.* 

Sbction  Section 

1.  City  Council  empowered  to  order  the  2.  Penalty  for  permitting  dogs  to  run  at 

muzzling  of  dogs.  large  unmuzzled  after  proclamation 

by  tbe  Mayor. 

3.  Sluts  not  to  run  at  large  while  in  heat. 

Section  1.  Whenever  the  City  Council  shall  be  of  the  opinion 
that  danger  of  hydrophobia  exists  in  this  city,  they  may  make  an 
order  that  the  Mayor  of  said  city  issue  his  proclamation  requiring  all 
persons  owning  or  keeping  dogs  within  said  city  to  confine  or  muzzle 
the  same  for  such  length  of  time  as  said  Council  may  by  said  order 
designate,  and  thereupon  it  shall  be  the  duty  of  said  Mayor  immedi¬ 
ately  to  issue  such  proclamation,  printed  in  both  the  English  and 
German  languages,  and  cause  the  same  to  be  conspicuously  posted 
in  public  places,  stating  the  length  of  time  that  all  dogs  are  required 
to  be  so  confined  or  muzzled,  and  also  the  penalty  prescribed  in 
section  two  of  this  article. 

Sec.  2.  If  any  person  residing  in  said  city  shall  permit  or  suffer 
any  dog,  bitch  or  whelp,  over  three  months  of  age,  owned,  kept  or 
harbored  by  him  or  her,  to  run  or  be  at  large,  or  to  be  found  at  large 
within  said  city  during  the  time  so  designated  in  such  proclamation, 
such  person  shall  unless  such  dog,  bitch  or  whelp,  be  securely  muz¬ 
zled,  with  a  wire  or  metallic  muzzle,  be  subject  to  a  fine  of  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars  for  the  first 
offense,  and  not  less  than  five  dollars  nor  more  than  fifty  dollars  for 
each  subsequent  offense. 

Sec.  8.  If  any  person  shall  permit  any  bitch  or  slut,  owned  or 
kept  by  such  person  to  run  or  be  at  large  in  said  city  while  in  heat, 
such  person  shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor 
more  than  twenty  dollars  for  each  offense. 


*  Original  Ordinance  passed  May  12,  1855,  amended  January  14, 1856,  Septem¬ 
ber  30, 1857,  July  24,  1867,  and  amended  by  revision. 


ELECTIONS. 


81 


CHAPTER  IX. 

ELECTIONS. 

Au  Ordinance  regulating  the  mode  of  holding  elections.* 

Section-  Section 

1.  Elections  to  be  held  annually ;  special  11.  In  case  of  adjournment  ballot  box  to 

elections,  how  called  and  held,  no-  be  closed;  how  to  be  kept. 

tices  to  be  given.  12.  Counting  of  ballots;  double  ballots 

2.  City  Council  to  appoint  jrdges  of  to  be  destroyed. 

election.  13.  Canvass  of  ballots;  ballot  not  to  be 

3.  Vacancies  in  judges  of  election,  how  rejected  when. 

filled ;  judges  to  appoint  clerk.  14.  Clerk  to  make  returns;  form  of  re- 

4.  Judges  and  clerk  to  take  oath;  form  turn. 

of  oath  ;  how  administered.  15.  Disposition  of  returns,  how  marked  ; 

o.  Polls,  when  opened  and  closed ;  ad-  penalty. 

journment.  16.  Meeting  of  City  Council ;  result  to  be 

6.  Ballot  box  to  be  examined  and  locked.  declared. 

7.  City  Clerk  to  provide  poll  books;  17.  Judges  to  preserve  order;  disorderly 

form  of  poll  books.  persons  how  punished. 

8.  Voting  to  be  by  ballot;  judges  not  to  18.  Contesting  elections;  proceedings  in. 

examine  ballots,  etc.  19.  Equal  number  of  votes,  election  how 

9  Qualifications  of  voters :  right  of  determined 

challenge;  form  of  oath  upon  chal-  20.  Destroying  ballot  box  or  poll  book, 
lenge.  penalty  for. 

10.  Penalty  for  illegal  voting;  judges  not  21.  Compensation  of  judges  and  clerks  of 
to  refuse  legal  vote;  penalty.  .  election. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  an  election  for  city  officers  shall  be  held  annually  in 
each  ward  on  the  first  Monday  of  April  a‘t  such  place  as  shall  be 
designated  by  the  City  Council.  Special  elections  shall  be  called  by 
the  Mayor,  and  shall  be  held  and  conducted  in  the  same  way  as 
general  elections.  The  City  Clerk  shall  give  at  least  ten  days’  pre¬ 
vious  public  notice  of  the  time  and  place  of  holding  all  elections  by 
publishing  the  same  in  the  corporation  newspaper. 

Sec.  2.  The  City  Council  shall  annually,  at  least  five  days’  pre¬ 
vious  to  the  election,  appoint  in  each  ward  three  Electors  thereof  to 
act  as  Judges  of  election,  who  shall  hold  their  office  for  one  year  and 
until  their  successors  are  appointed. 

Sec.  3.  If  any  Judge  of  election  shall  refuse  to  act  or  fail  to  be 
present  at  the  polls  at  the  time  fixed  for  the  opening  thereof,  the 
vacancy  shall  be  filled  by  any  qualified  voter  of  the  ward,  to  be 
selected  by  the  qualified  voters  of  the  ward  present.  The  Judges  of 
election  shall  have  power  to  appoint  an  Elector  of  the  ward  to  act  as 
Clerk  of  election. 


t  Original  Ordinance  passed  March  5, 1856,  and  amended  by  revisions  of  1857 
and  1868. 

11 


ORDINANCES. 


K2 


Sec.  4.  The  Judges  and  Clerks  of  election  shall  severally,  before 
receiving  any  votes,  at  each  election,  take  and  subscribe  an  oath  or 
affirmation,  which  shall  be  attached  to  the  returns,  and  may  be  in 
the  following  form  : 

“I  {or  “we”)  do  solemnly  swear  (or  “affirm,”  as  the  case  may  be,)  that  I  will 
perform  the  duties  of  Judge  of  election,  (or  “Clerk,”  as  the  case  may  be,)  according 
to  law  and  the  best  of  my  ability;  and  that  I  will  studiously  endeavor  to  prevent 
fraud,  deceit  and  abuse,  in  conducting  the  election. 

A.  B. 

Sworn  to  and  subscribed  before  me 
this - day  of - .  186  . 

City  Clerk." 

If  no  person  shall  be  present  at  the  opening  of  the  polls,  author¬ 
ized  to  administer  oaths,  it  shall  be  lawful  for  the  Judges  of  election, 
or  either  of  them,  to  administer  the  same  to  each  other  and  to  the 
Clerks,  of  election,  and  the  oaths  when  thus  administered,  may  be 
in  the  form  hereinbefore  given,  and  shall  be  certified  by  the  Judge 
or  Judges  of  election  administering  the  same,  and  prefixed  to  the 
poll  books. 

Sec.  5.  At  all  elections  the  polls  shall  be  opened  at  eight  o’clock 
A.  M.,  and  continue  open  until  four  o’clock  P.  M.  of  the  same  day. 
But  the  Judges  of  election  may  adjourn  one  hour  for  dinner,  and  if 
they  deem  it  necessary  may  postpone  the  closing  of  the  polls  from 
hour  to  hour  until  six  o’clock  P.  M.  When  opened,  proclamation 
shall  be  made  that  “  the  polls  are  now  open  and  thirty  minutes 
before  closing  the  same,  proclamation  shall  be  made  that  “  the  polls 
will  be  closed  in  half  an  hour  ” 

Sec.  6.  A  ballot  box  shall  be  provided  for  the  use  of  the  Judges 
of  election  of  each  ward,  with  a  lock  and  key,  and  in  the  top  or  lid 
an  aperture  not  larger  than  shall  be  necessary  to  receive  a  single 
folded  ballot.  On  thd  opening  of  the  polls,  the  ballot  boxes  shall 
be  examined,  closed,  and  locked  in  the  presence  of  all  the  Judges  of 
election. 

Sec.  7.  The  City  Clerk  shall  provide  a  poll  book  for  each  ward, 
with  columns  ruled  for  the  name  and  numerical  designation  of  each 
Elector;  which  poll  book  may  be  in  the  following  form: 


POLL  BOOK 

Of  an  election  held  in  the - ward  of  the  City  of  Freeport,  at  the - in 

said  ward  on  the  first  Monday  of  April  in  the  year  186  ,  as  follows. 


No. 

Names  of  voters. 

No. 

Names  of  voters. 

1 

A.  B. 

26 

R.  S. 

2 

C.  D. 

27 

T.  U. 

3 

E.  F. 

28 

V.  W. 

The  poll  book  shall  be  kept  by  the  Clerk  of  election,  and  the 
names  of  voters  shall  be  written  and  numbered  in  the  order  in 


ELECTIONS 


88 


which  they  vote.  No  returns  shall  be  rejected  for  any  defect  in  the 
manner  of  administering  or  entering  the  oath  aforesaid  in  the 
returns. 

Sec.  8.  The  mode  of  voting  shall  be  by  ballot.  The  ballot  shall 
be  placed  by  the  Judges  of  election  (if  received)  in  the  ballot  box, 
and  shall  consist  of  one  slip  of  paper,  on  which  shall  be  printed  or 
written,  or  partly  both,  the  names  of  the  person  or  persons  voted  for 
with  a  pertinent  designation  of  the  office  to  which  the  person  voted 
for  is  intended  to  be  chosen;  but  no  ballot  shall  contain  a  greater 
number  of  names  than  there  are  persons  to  be  chosen  for  offices  to  be 
filled;  and  any  ballot  containing  a  greater  number  of  names  of  per¬ 
sons  designated  for  any  office  than  there  are  persons  to  be  chosen  or 
can  be  elected  to  that  office,  shall  be  declared  void  so  far  as  that 
office  is  concerned,  it  shall  be  unlawful  for  the  Judges  of  election 
to  open,  mark  or  examine  any  ballot  offered  until  after  the  election 
shall  be  over  and  the  polls  closed  :  Provided,  That  any  voter  may 
vote  an  open  ballot  if  he  so  prefers. 

Sec.  9.  Every  white  male  citizen  above  the  age  of  twenty-one 
years,  and  every  male  inhabitant  of  the  age  aforesaid,  who  was  a 
resident  of  this  State  on  the  first  day  of  April  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-eight,  who  has  resided 
in  this  State  one  year,  and  in  this  city  ninety  days  next  preceding 
the  election,  shall  be  entitled  to  vote  in  the  ward  in  which  he  has 
resided  for  thirty  days  next  preceding  such  election.  Persons  shall 
be  deemed  residents  of  the  ward  in  which  they  are  accustomed  to 
lodge.  Any  qualified  voter  of  the  ward  shall  have  the  right  to 
challenge  in  common  with  the  Judges  of  election  ;  and  whenever 
any  person  shall  be  challenged,  the  judges  of  election  shall  admin¬ 
ister  to  him  the  following  oath,  or  affirmation,  to  wit. 

“  You  do  solmnly  swear  (or  “affirm,”  as  the  case  may  be,)  that  you  are  above 
the  age  of  twenty-one  years:  that  you  are  a  citizen  of  the  United  States,  (or  “were 
a  resident  of  this  State  on  the  first  day  of  April,  1848,”)  and  have  been  a  resident  of 
this  State  one  year  and  of  this  city  ninety  days  next  preceding  this  election,  and 
that  you  have  been  a  resident  of  this  ward  for  thirty  days  last  past,  and  have  not 
voted  at  this  election. 

Sec.  10.  If  any  person,  when  challenged,  shall  refuse  to  take 
the  oath  or  affirmation  aforesaid,  his  vote  shall  be  rejected  ;  if  he 
shall  take  said  oath  or  affirmation,  his  vote  shall  be  received,  unless 
it  shall  be  proven  to  the  satisfaction  of  a  majority  of  the  Judges  of 
election  that  said  oath  or  affirmation  is  false.  If  any  person  shall 
vote  at  any  election,  held  pursuant  to  the  provisions  of  this  ordi¬ 
nance,  who  is  not  qualified,  or  being  qualified  shall  vote  a  second 
time,  he  shall  be  subject  to  a  penalty  of  one  hundred  dollars ;  and 
every  Judge  of  election  who  shall  refuse  to  receive  the  vote  of  any 
qualified  voter  who  shall  take  or  offer  to  take  the  oath  or  affirmation 
aforesaid,  unless  there  shall  be  evidence  that  such  vote  is  illegal, 
shall  be  subject  to  a  like  penalty. 


84 


ORDINANCES 


Sec.  li.  If  it  shall  become  necessary  or  proper  to  suspend  the 
polls  before  the  election  is  over,  or  after  the  election  to  adjourn  the 
canvassing  of  the  ballots,  in  either  case,  the  ballot  box  shall  be 
opened  in  the  presence  of  all  the  Judges  of  election,  and  the  poll 
books  placed  therein  ;  the  box  shall  then  be  locked  again  and  sealed 
over  the  opening  in  the  lid  so  as  to  cover  the  same,  and  the  box 
delivered  to  one  of  the  Judges  of  election  and  the  key  to  another, 
and  so  kept  until  the  re-opening  of  the  polls. 

Sec.  12.  When  the  polls  shall  be  finally  closed,  the  Judges  and 
Clerk  of  election  shall  count  the  ballots,  unopened,  except  so  far  as 
to  determine  whether  a  ballot  be  single  or  not;  and  if  any  ballots 
shall  be  found  to  appear  single,  and  yet  be  so  folded  as  to  contain 
more  than  one,  they  shall  be  destroyed.  And  if  the  number  of 
ballots  received  shall  exceed  the  number  of  votes  polled,  the  Judges 
of  election  shall  place  the  whole  number  of  ballots  again  in  the  box, 
and,  after  having  shaken  them  together,  take  from  the  box  the 
number  so  found  in  the  excess,  and  destroy  them. 

Sec.  13.  The  Judges  and  Clerk  of  election  shall  then  canvass 
the  ballots.  No  ballot  shall  be  rejected  for  want  of  form  if  the 
Judges  of  election  can  determine  therefrom,  to  their  satisfaction,  the 
person  intended  to  be  voted  for,  and  the  office  which  the  voter 
intended  such  person  should  fill.  If  two  ballots  shall  be  found 
deceitfully  folded  together,  they  shall  both  be  rejected. 

Sec.  14.  The  Clerk  of  election  shall  make  out  returns  of  the 
election,  by  writing  at  full  length,  the  name  of  every  person  voted 
for,  the  office  for  which  he  shall  be  designated,  and  the  number  of 
votes  received  by  him.  Returns  may  be  made  in  the  following 
form : 

“  At  an  election  held  at - ,  in  the - ward  of  the  City  of  Freeport,  in 

the  State  of  Illinois,  iu  the  year  eighteen  hundred  and  -  the  following 

named  persons  received  the  number  of  votes  annexed  to  their  respective  names, 
for  the  following  described  offices,  to  wit: 

A.  B.  had  fifteen  votes  for  Mavor 

C.  D.  had  twelve  votes  for  Mayor. 

(And  so  onthrough  the  whole  list  of  officer's  voted  for  at  the  election.) 

Certified  by  us,  Freeport  April - ,  186  . 

A.  B.A 

C.  D.,  >  Judges  of  Election. 

E.F.  j 

Attest, 

G.  H.,  Clerk  of  Election 

Sec.  15.  The  Judges  of  election  shall  cause  the  returns  to  be 
enclosed  in  a  packet,  placing  the  poll  book  therein,  which  packet 
shall  be  sealed,  and  marked  “election  returns,”  and  directed  to  the 
“City  Clerk  of  the  City  of  Freeport,”  and  delivered  to  said  City 
Clerk  without  delay  by  one  of  the  Judges  of  election  to  be  selected 
by  a  majority  of  the  Judges  of  election.  If  any  Judge  of  election 
who  shall  be  deputed  to  deliver  any  returns  to  the  City  Clerk  as 


ELECTIONS. 


8f> 


aforesaid,  shall  fail  or  neglect  to  deliver  the  same  safely  within  one 
day  after  the  election,  with  the  seal  unbroken,  he  shall  be  subject  to 
a  fine  of  one  hundred  dollars. 

Sec.  16.  As  soon  as  all  the  returns  shall  be  delivered  to  the  City 
Clerk  he  shall  notify  the  Mayor,  or  any  two  Aldermen,  thereof,  who 
shall  forthwith  call  a  meeting  of  the  City  Council.  The  City  Clerk, 
under  the  inspection  of  the  City  Council,  shall  open  the  several  poll 
lists  and  returns,  and  canvass  the  same ;  and  when  through,  the 
City  Council  shall  declare  the  result,  and  cause  the  same  to  be  entered 
upon  the  journal  of  their  proceedings.  The  City  Clerk  shall  notify 
the  persons  found  to  be  elected  of  their  election. 

Sec.  17.  The  Judges  of  election  shall  have  power  to  preserve 
order  at  the  polls  and  to  command  the  City  Marshal  or  any  police 
officer,  and  it  is  hereby  made  the  duty  of  such  officers  to  arrest  and 
take  before  the  Police  Magistrate  any  person  who  shall  by  violent  or 
turbulent  conduct,  or  in  any  other  manner,  interfere  with,  hinder, 
obstruct,  disturb  or  delay  the  Judges  or  Clerks  of  election  in  the 
discharge  of  their  duties,  or  any  voter  in  exercising  the  privileges 
of  voting;  and  for  any  such  offense,  the  offender  shall  forfeit  and 
pay  to  the  city  a  sum  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

Sec.  18.  Any  candidate  who  shall  desire  to  contest  the  validity 
of  any  election,  or  the  right  of  any  person  declared  duly  elected  to 
any  office  in  this  city,  to  hold  the  said  office,  shall  give  notice  of  his 
intention  in  writing  to  the  person  whose  election  he  intends  to  con¬ 
test,  by  leaving  a  notice  thereof  at  his  usual  place  of  residence  within 
ten  days  after  the  day  of  election;  and  it  shall  also  be  the  duty  of 
the  contesting  party,  within  the  time  aforesaid,  to  deliver  to  the 
City  Clerk  a  petition,  addressed  to  the  City  Council  and  setting  forth 
his  intention  to  contest  the  said  election,  together  with  the  points 
upon  which  the  same  will  be  contested ;  and  thereupon  the  City 
Council  shall  at  their  next  meeting,  appoint  a  committee  to  consist 
of  one  from  each  ward,  to  examine  into  the  case,  and  report  thereon 
to  the  City  Council ;  said  committee  shall  proceed  to  discharge  the 
duty  assigned  to  them,  by  hearing  testimony,  and  otherwise,  having 
first  given  to  both  parties  five  days’  notice  of  the  time  and  place  of 
the  examination ;  after  a  full  examination  said  committee  shall 
report  the  result  of  their  inquiry  to  the  City  Council,  with  a  brief 
statement  of  the  testimony  in  the  case,  and  the  reasons  of  their 
decision  ;  and  thereupon  the  contest  shall  be  finally  determined  by  a 
vote  of  the  City  Council :  Provided,  That  the  City  Council,  before 
such  final  determination,  may,  in  their  discretion,  re-examine  the 
testimony  in  the  case,  and  take  further  evidence,  by  giving  a  like 
notice  to  the  parties  as  hereinbefore  provided.  The  determination 
of  the  City  Council  shall  be  entered  upon  the  journal  of  their  pro¬ 
ceedings.  Nothing  herein  contained  shall  be  deemed  to  impair  the 


86 


ORD3  NANCES. 


right  of  contesting  any  election  in  the  manner  provided  by  the  laws 
of  this  State. 

Sec.  19.  Whenever  it  shall  happen  that  there  is  an  equal  num¬ 
ber  of  votes  given  for  two  or  more  persons,  for  Mayor  or  Alderman 
or  any  other  office  in  this  city,  made  elective  by  the  people,  it  shall 
be  the  duty  of  the  City  Council,  at  the  meeting  of  said  Council  at 
which  the  votes  are  canvassed,  to  determine  by  lot.  from  among  the 
candidates  having  such  equal  number  of  votes,  the  person  who  shall 
hold  said  office. 

Sec.  20.  Whoever  shall,  at  any  election,  seize,  or  attempt  to 
seize,  a  ballot  box  or  poll  book,  with  the  intention  of  carrying  the 
same  off  by  force,  or  shall  mutilate  or  erase  any  name  or  figure  or 
word  in  a  poll  book  kept  at  any  election,  or  take  away  such  poll 
book  from  the  place  where  the  same  has  been  deposited  for  safe 
keeping,  with  the  intention  of  destroying  the  same,  shall  be  subject 
to  a  fine  not  exceeding  five  hundred  dollars. 

Sec.  21.  Judges  and  Clerks  of  election  shall  receive  the  sum  of 
one  dollar  a  day,  each,  for  their  services. 


FIRE  DEPARTMENT. 


/ 


87 


CHAPTER  X. 


FIRE  DEPARTMENT. 


An  Ordinance  concerning  the  Fire  Department. 

ARTICLE  I.  OF  THE  ORGANIZATION ,  ETC.,  OF  THE  FIRE  DEPARTMENT. 
“  II.  OF  FIRE  LIMITS,  AND  THE  ERECTION  OF  BUILDINGS.  ETC. 
III.  PRECAUTIONARY  REGULATIONS. 


ARTICLE  I.  OF  THE  ORGANIZATION,  ETC.,  OF  THE  FIRE 

DEPARTMENT.* 

R  button  Section 

l.  Fire  Department,  how  constituted.  7.  Chief  Fire  Marshal  may  grant  per- 
3.  Chief  Fire  Marshal,  his  powers  and  mission  to  leave  the  city;  penalty 

duties:  Assistant  Fire  Marshals  to  for  leaving  without  permission, 

act  in  absence  of  Chief  Fire  Marshal.  8.  Firemen  neglecting  to  attend  a  fire 
•  ’..Assistant  Eire  Marshals,  how  dis-  without  excuse  to  pay  a  penalty. 

tinguished.  9.  Buildings  to  be  thrown  down  in  cer- 

i  Firemen,  how  divided;  fire  compan-  tain  cases ;  when  to  be  blown  up. 

ies  may  adopt  regulations  for  their  10.  All  persons  present  at  a  fire  to  be 
government,  etc.  subject  to  orders  of  officers. 

>.  Fire  companies  must  be  present  at  11.  By-standers  to  assist  in  drawing  en¬ 
tires;  not  to  leave  without  permis-  gine,  when. 

sion.  12.  Police  officers,  duty  of  in  case  of  fire. 

6.  Fire  companies  may  sue  and  collect  13.  City  Clerk  to  keep  a  register  of  fire- 
fines.  men.  etc. 

Section  1.  Re  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  Fire  Department  of  the  City  of  Freeport  shall 
consist  of  a  Chief  Fire  Marshal,  two  Assistant  Fire  Marshals,  and 
one  Fire  Warden  to  each  ward,  and  such  Engineers,  hose  men, 
hook  and-ladder  and  bucket  men,  as  may,  from  time  .to  time,  be 
appointed  by  the  City  Council. 

Sec.  2.  The  Chief  Fire  Marshal,  and  in  his  absence,  the  Assist¬ 
ant  Fire  Marshals,  shall,  in  all  cases  of  fire,  have  the  sole  and 
absolute  control  over  all  the  members  of  the  Fire  Department;  and 


*  Iriginal  Ordinance  passed  August  6,  1856,  and  amended  by  revisions  of  1857 
and  1868. 


88 


ORDINANCES. 


it  shall  be  the  duty  of  the  Chief  Fire  Marshal  to  report  from  time 
to  time  to  the  City  Council,  the  condition  of  the  engine,  hose,  hooks 
and  ladders,  buckets  and  other  fire  apparatus,  and  the  buildings  in 
which  they  are  kept,  and  also  to  recommend  such  additions,  altera¬ 
tions  and  improvements  to  the  same,  as  he  may  deem  expedient ; 
and  he  shall  also,  from  time  to  time,  report  to  the  City  Council  for 
confirmation  the  names  of  such  persons  as  shall  have  been  elected  to 
the  different  companies. 

Sec.  3.  The  Assistant  Fire  Marshals  shall  be  distinguished  as 
numbers  one  and  two,  and  it  shall  be  their  duty  to  assist  the  Chief 
Fire  Marshal  and  to  obey  his  orders,  and  in  the  absence  of  the 
Chief  Fire  Marshal  to  take  command  according  to  their  rank,  and 
to  exercise  a  general  supervision,  under  the  direction  of  the  Chief 
Fire  Marshal,  over  the  engines  and  other  fire  apparatus,  and  the 
buildings  in  which  they  are  kept. 

Sec.  4.  The  firemen  shall  be  divided  into  companies  of  engine 
men,  hook-and-ladder  men,  and  hose  men,  each  company  to  con¬ 
sist  of  as  many  members  as  the  City  Council  shall  from  time  to  time 
direct ;  and  it  shall  be  their  duty  to  attend  to  the  engines  and  other 
fire  apparatus  committed  to  their  charge,  and  the  buildings  wherein 
the  same  are  kept.  Each  of  the  said  companies  respectively  may 
adopt  such  an  organization,  and  from  time  to  time  such  constitution, 
by-laws  and  regulations  for  their  government,  subordinate  to  the 
ordinances  of  the  city,  as  they  may  deem  best  calculated  to  accom¬ 
plish  the  object  hereby  contemplated — a  copy  of  which  constitution 
and  by-laws  shall  be  filed  with  the  City  Clerk  for  approval  or 
rejection  by  the  City  Council ;  and  each  of  said  companies  shall,  on 
the  first  Monday  of  September  in  each  year,  choose  from  among 
their  own  number  a  Foreman,  Assistant  Foreman  and  Clerk,  and 
such  other  officers  as  they  may  require  in  accordance  with  their 
respective  constitutions,  and  in  the  manner  provided  therein. 

Sec.  5.  The  different  fire  companies,  under  the  control  and 
direction  of  their  proper  officers,  shall,  upon  an  alarm  of  fire,  repair 
to  the  place  of  the  fire,  with  the  engines  and  other  fire  apparatus 
under  their  care,  and  there  work  and  manage  the  same,  under  the 
direction  of  the  Chief  Fire  Marshal  and  his  Assistants,  and  in  case 
of  their  absence,  place  and  work  the  engines  and  other  fire  apparatus 
in  the  most  effectual  manner  until  the  fire  shall  be  extinguished, 
and  shall  not  remove  therefrom  but  by  permission  of  a  Fire  Mar¬ 
shal,  if  any.  shall  be  present,  and  on  such  permission,  they  shall 
return  their  engines  and  fire  apparatus,  well  washed  and  cleansed, 
to  their  respective  places  of  deposit. 

Sec.  G.  Whenever  any  member  of  any  company  of  the  Fire 
Department  shall  be  justly  indebted  to  said  company  in  pursuance 
of  the  constitution,  by-laws  or  regulations  of  the  same,  the  said 
constitution,  by-laws  or  regulations  having  first  been  submitted  to, 


FIRE  DEPARTMENT 


89 


and  approved  by  the  City  Council,  it  shall  be  lawful  for  said  com¬ 
pany  to  sue  for  and  recover  from  such  member,  on  his  refusal  or 
neglect  to  pay,  whatever  sum  may  be  so  due,  by  action  of  debt,  in 
the  name  of  the  city,  for  the  use  of  said  company,  before  the  Police 
Magistrate  of  this  city. 

Sec.  7.  The  acting  Chief  Fire  Marshal  shall  have  the  power  in 
his  discretion,  to  grant  permission  to  any  fire  company  to  go  with 
their  respective  engines,  and  other  fire  apparatus,  beyond  the  limits 
of  the  city,  to  be  absent  such  length  of  time  as  he  may  direct.  Any 
officer  in  command  of  any  company,  who  shall  suffer  or  permit  the 
engine  or  other  apparatus  in  charge  of  said  company,  to  be  taken 
beyond  the  limits  of  the  city,  without  such  permission,  shall  forfeit 
and  pay  a  penalty  of  not  less  than  five,  nor  more  than  twenty-five 
dollars,  for  each  and  every  such  offense,  besides  being  personally 
liable  for  all  damage. 

Sec.  8.  If  any  fireman  shall  neglect  to  attend  at  any  fire  with¬ 
out  such  an  excuse  as  shall  be  sufficient  and  satisfactory  to  the  com¬ 
pany  to  which  he  belongs,  or  shall  neglect  or  refuse  to  do  his  duty 
as  a  fireman,  or  shall  disobey  or  refuse  to  obey  the  orders  of  the 
Chief  Fire  Marshal,  or  the  Assistant  Fire  Marshals,  or  shall  disobey 
or  refuse  to  obey,  the  orders  of  his  proper  company  officers,  or  shall 
leave  his  engine  or  other  fire  apparatus  while  at  a  fire,  without  per¬ 
mission  of  the  acting  foreman,  he  shall  forfeit  and  pay  a  penalty  of 
not  less  than  one,  nor  more  than  ten  dollars,  for  every  such  default, 
for  the  use  and  benefit  of  such  company,  and  be  subject  to  expulsion 
from  the  Fire  Department. 

Sec.  9.  The  Fire  Marshal  in  command,  with  the  advice  and 
concurrence  of  one  member  of  the  City  Council,  may  direct  the 
hook-and-ladder  men  to  cut  down  and  remove  any  building,  erection 
or  fence,  for  the  purpose  of  checking  the  progress  of  the  fire,  and  the 
Fire  Marshal  in  command,  with  the  advice  and  concurrence  of  two 
members  of  the  City  Council,  shall  have  power  to  blow  up,  or  cause 
to  be  blown  up,  with  powder,  or  otherwise,  any  building  or  erection 
during  the  progress  of  a  fire,  for  the  purpose  of  checking  or 
extinguishing  the  same. 

Sec.  10.  Every  person  not  a  fireman,  who  shall  be  present  at  a 
fire,  shall  be  subject  and  obedient  to  the  orders  of  the  Chief  and 
Assistant  Fire  Marshals,  the  Mayor  and  Aldermen,  City  Marshal 
and  Police  officers,  the  Foreman  and  Assistant  Foreman,  or  any 
officer  of  a  fire  engine,  hose  or  hook-and-ladder  company,  in  extin¬ 
guishing  the  fire  and  the  removal  and  protection  of  property;  and 
in  case  such  person  shall  refuse  to  obey  such  orders,  he  shall  forfeit 
and  pay  for  every  such  offense  the  sum  of  five  dollars  ;  and  all  such 
officers  shall  have  power  to  arrest  any  person  so  refusing  to  obey 
such  lawful  orders  as  aforesaid,  and  hold  him  in  custody  until  after 
the  fire  shall  have  been  extinguished,  when  he  shall  be  taken  before 
12 


90 


ORDINANCES. 


the  Police  Magistrate  to  be  dealt  with  according  to  law :  Provided , 
That  no  person  shall  be  bound  to  obey  any  officer  unless  the  official 
character  of  such  officer  be  known  or  be  made  known  to  such  person. 

Sec.  11.  It  shall  be  lawful  for  the  Foreman.  Assistant  Foreman, 
or  officer  in  command  of  any  lire  company,  or  for  the  Mayor,  Aider- 
men,  Chief  Fire  Marshal,  or  either  of  the  Assistants,  to  require  the 
aid  of  any  citizen,  inhabitant  or  by-stander,  in  drawing  or  conveying 
any  engine  or  other  fire  apparatus,  to  the  fire,  and  on  the  refusal  or 
neglect  of  any  person  to  comply  with  such  requisition,  the  offender 
shall,  for  every  default,  forfeit  and  pay  a  penalty  of  not  less  than 
one,  nor  more  than  ten  dollars. 

Sec.  12.  It  shall  be  the  duty  of  every  Police  officer  upon  an 
alarm  of  fire,  to  repair  immediately  to  the  place  of  the  fire  and  there 
remain  subject  to  the  direction  of  the  Mayor,  or  any  Alderman,  for 
the  discharge  of  police  duty,  and  to  assist  in  preserving,  guarding 
and  protecting  property,  and  to  keep  all  idle  and  suspicious  persons 
from  the  immediate  vicinity  of  the  fire,  and  under  the  direction  of 
the  acting  Chief  Fire  Marshal,  to  aid  and  assist  in  procuring  supplies 
of  water,  in  extinguishing  the  fire,  and  to  prevent  the  hose  from 
being  trodden  upon  or  injured  by  being  run  over. 

Sec.  13.  It  shall  be  the  duty  of  the  City  Clerk  to  keep  a  book 
in  which  shall  be  registered  the  name  of  each  fireman,  the  date  of 
his  appointment  by  the  City  Council ;  and  when  dismissed,  or 
expelled,  the  date  of  such  dismissal,  or  explusion,  if  the  same  shall 
have  been  communicated  to  the  City  Council.  And  the  City  Clerk 
is  hereby  authorized  to  grant  to  any  fireman  a  certificate,  under  the 
corporate  seal  of  the  city,  setting  forth  when  said  fireman  was 
appointed  by  the  City  Council  as  aforesaid. 


/ 


FIRE  DEPARTMENT. 


91 


ARTICLE  II.  OF  FIRE  LIMITS,  AND  THE  ERECTION  OF 

BUILDINGS,  ETC.* 

Section  Section 

1.  Fire  limits  defined.  4.  Penalty  for  violation  of  this  article. 

2.  Rules  for  constructing  buildings  5.  Wooden  buildings,  when  a  nuisance; 

within  the  fire  limits.  duty  of  Mayor  to  abate  the  same; 

3.  Wooden  buildings  in  fire  limits,  not  expense  how  paid. 

to  be  enlarged  or  remove  i ;  privies 

how  built. 

Section  1.  All  that  part  of  the  City  of  Freeport  embraced 
within  the  following  limits  shall  be  hereafter  known  as  the  fire  limits 
of  said  city :  Beginning  in  the  center  of  Galena  street,  at  its  inter¬ 
section  with  the  center  of  Walnut  street ;  thence  eastwardly  along 
the  center  of  said  Galena  street  to  its  intersection  with  the  center  of 
Exchange  street;  thence  southwardly  along  the  center  of  said 
Exchange  street  to  a  point  opposite  the  center  of  the  alley  running 
through  Block  number  thirty-six  in  the  original  Town  of  Freeport; 
thence  eastwardly  along  the  center  line  of  the  alley  running  through 
Blocks  thirty-six,  thirty-seven,  thirty-eight,  thirty-nine  and  forty, 
in  said  original  Town  (now  city)  of  Freeport,  to  the  center  of 
Liberty  street  ;  thence  northwardly  along  the  center  of  said 
Liberty  street  to  its  intersection  with  the  center  line  of  said  Galena 
street;  thence  eastwardly  through  the  center  of  said  Galena  street, 
to  the  main  track  of  the  Illinois  Central  railroad ;  thence  north¬ 
wardly,  along  said  main  track,  to  its  intersection  with  the  center  of 
Bridge  street ;  thence  westwardly,  through  the  center  of  said  Bridge 
street  to  the  center  of  Walnut  street;  thence  southwardly,  through 
the  center  of  said  Walnut  street,  to  the  place  of  beginning. 

Sec.  2.  No  building  shall  be  erected  hereafter  within  the  fire 
limits,  unless  the  same  shall  be  constructed  in  conformity  with  the 
following  provisions: 

First.  All  outside  and  party  walls  shall  be  made  of  stone,  brick, 
or  other  fire-proof  material. 

Second.  Outside  and  party  walls  not  exceeding  twenty-four  feet 
in  height  from  the  top  of  the  sidewalk  to  the  under  side  of  the  roof 
joists  or  rafters,  shall  not  be  less  than  eight  inches  in  thickness  if  of 
brick,  nor  less  than  sixteen  inches  in  thickness  if  of  stone;  but  all 
outside  walls  exceeding  twenty-four  feet  in  height  shall  be  not  less 
than  twelve  inches  in  thickness  if  of  brick  nor  less  than  eighteen 
inches  in  thickness  if  of  stone. 


*  Original  Ordinance  passed  February  27,1857,  amended  by  revisions  of  1857 
and  1868. 


92 


ORDINANCES. 


Third.  All  joists,  beams,  and  other  timbers  in  outside  and 
party  walls  shall  be  separated  at  least  four  inches  from  each  other 
with  stone  or  brick  laid  in  mortar. 

Fourth.  All  end  and  party  walls,  except  end  walls  fronting  on 
streets,  shall  extend  above  the  sheeting  of  the  roof  at  least  seven 
inches  or  three  courses  of  brick,  and  in  no  case  shall  the  planking  or 
sheeting  of  the  roof  extend  across  any  party  or  end  wall,  except  end 
walls  fronting  on  streets. 

Sec.  3.  No  wooden  building  or  part  of  a  building  within  the 
fire  limits  shall  be  raised,  enlarged  or  removed  to  any  other  place 
within  the  same,  nor  shall  any  such  building  be  removed  into  the 
fire  limits  :  Provided ,  That  privies  not  exceeding  ten  feet  square 
and  twelve  feet  in  height  at  the  peak  may  be  constructed  of  wood, 
and  shall  not  be  subject  to  the  provisions  of  this  article;  but  all 
depositories  for  ashes  within  or  without  the  fire  limits  shall  be  built 
of  brick  or  other  fire-proof  materials,  without  wood  in  any  part 
thereof. 

Sec.  4.  Any  owner,  builder  or  other  person  who  shall  own, 
build,  or  aid  in  the  erection  of  any  building  or  part  of  building 
within  said  limits,  contrary  to  or  in  any  other  manner  than  author¬ 
ized  by  the  provisions  of  this  article,  or  who  shall  own,  remove  or 
assist  in  removing  any  wooden  building  within  said  limits  from  one 
place  to  another  therein,  or  who  shall  own,  rembve  or  assist  in 
removing  any  such  building  from  without  said  limits  into  the  same, 
shall  be  subject  to  a  fine  of  not  less  than  twenty-five  dollars  and  not 
exceeding  one  hundred  dollars,  in  the  discretion  of  the  court,  for  the 
first  offense,  and  to  the  like  fine  for  every  forty-eight  hours  such  per¬ 
son  shall  fail  to  comply  with  the  provisions  of  this  article,  or  con¬ 
tinue  in  violation  thereof.  If  any  person  shall  violate  any  other 
provisions  of  this  article,  he  shall  be  subject  to  the  like  fine. 

Sec.  5.  Any  wooden  building  which  may  be  erected,  enlarged 
or  removed,  or  in  process  of  erection,  enlargement  or  removal,  con¬ 
trary  to  this  article,  shall  be  deemed  a  nuisance;  and  upon  informa¬ 
tion,  it  shall  be  the  duty  of  the  Mayor,  after  due  notice  to  the  owner 
or  builder  thereof,  to  abate  the  same,  by  an  order  in  writing  to 
require  the  City  Marshal  to  raze  the  building  to  the  ground.  The 
expenses  of  such  removal  shall  be  reported  by  the  Marshal  for  assess¬ 
ment,  and  may  be  collected  of  the  owner  of  such  building  by  suit. 


FIRE  DEPARTMENT 


93 


ARTICLE  III.  PRECAUTIONARY  REGULATIONS. 

Section  Section 

1.  City  Council  to  appoint  one  fire  ward-  5.  Lighted  lamps  not  to  be  used  in  sta- 

en  for  each  ward.  bles,  unless  secured. 

2.  Mayor  and  Aldermen  to  be  fire  ward-  6.  Hay,  straw,  etc.,  how  burned. 

ens,  ex-officio.  7.  Ashes  how  to  be  kept. 

3.  Fire  wardens  to  examine  buildings,  8.  Hay  not  to  be  stacked  within  one 

etc;  to  report  violations,  etc.  hundred  feet  of  buildings. 

4.  To  inspect  stoves,  fire-places,  etc.';  to  9.  Chimneys,  how  to  be  built. 

require  them,  when  unsafe,  not  to  10.  Stove  pipes  to  be  four  inches  from 

be  used,  etc.  wood. 

Section  1.  The  City  Council  shall  appoint  one  fire  warden  in 
each  ward,  who  shall  continue  in  office  during  the  pleasure  of  the 
City  Council. 

Sec.  2.  The  Mayor  and  Aldermen  of  said  city  are  hereby 
declared  to  be  fire  wardens,  ex  officio,  and  are  hereby  authorized  and 
empowered  to  do  and  perform  all  the  duties  enjoined  upon  fire 
wardens,  by  this  ordinance. 

Sec.  3.  It  shall  be  the  duty  of  the  fire  wardens  to  examine  all 
buildings  occupied  or  unoccupied,  and  all  buildings  in  process  of 
construction  ;  all  depositories  of  ashes,  and  all  manufacturing  estab¬ 
lishments,  and  to  report  to  the  City  Council  all  violations  of  law  or 
the  ordinances  of  the  city  in  relation  thereto,  or  on  the  subject  of 
the  prevention  or  extinguishment  of  fires. 

Sec.  4.  The  fire  wardens  shall,  also,  from  time  to  time,  inspect 
all  stoves,  fire  places,  hearths,  grates,  furnaces,  boilers,  and  all  other 
places  in  said  city  in  which  fire  may  be  kept,  and  all  stove-pipes, 
chimneys,  ovens,  and  all  other  apparatus  or  fixtures  therewith  con¬ 
nected,  for  the  purpose  of  ascertaining  whether  the  same  be  in  a  safe 
and  proper  condition  ;  and  any  such  inspection  shall  be  made  on  the 
request  of  any  citizen,  at  any  proper  time,  for  the  purpose  of  ascer¬ 
taining  the  condition  and  safety  thereof;  and  whenever  in  the 
opinion  of  any  fire  warden  any  stove,  fire  place,  hearth,  grate,  fur¬ 
nace  or  other  place  for  keeping  fire,  or  any  appurtenance  for  the 
conducting  of  smoke  or  heat  from  any  such  place,  may  be  in  a  con- 
condition  as  to  render  the  keeping  of  fire  therein  unsafe,  it  shall behis 
duty  to  order  and  direct  the  occupant  of  the  building  in  which  the 
same  may  be,  or  with  which  the  same  may  be  connected,  to  discon¬ 
tinue  the  making  of  fire  therein,  and  to  make  all  necessary  and 
proper  alterations  and  repairs  to  render  the  keeping  of  fire  therein 
safe,  in  the  opinion  of  the  fire  warden  inspecting  the  same;  and  if 
any  person  shall  make  a  fire  therein  and  neglect  to  make  such  neces¬ 
sary  alterations  and  repairs,  after  being  directed  so  to  do,  as  afore- 


94 


ORDINANCES. 


said,  he  shall  forfeit  and  pay  to  said  city  a  sum  not  less  than  five 
dollars,  nor  more  than  one  Hundred  dollars,  and  the  further  sum  of 
tive  dollars  for  each  and  every  day  he  shall  continue  to  use  the  same 
without  making  such  necessary  alterations  and  repairs  as  aforesaid  : 
Provided ,  That  any  per*  on  feeling  himself  aggrieved  by  the  decision 
or  direction  of  any  lire  warden,  may  appeal  to  the  City  Council  at 
the  first  meeting  thereof  after  the  order  of  the  lire  warden  as  afore¬ 
said  ;  but  in  all  cases,  the  order  of  the  said  lire  warden  to  discon¬ 
tinue  the  making  of  any  fire,  shall  be  complied  with,  until  the  final 
decision  of  the  City  Council  on  such  appeal.  Any  person  who  shall 
resist  or  obstruct  any  fire  warden  in  the  execution  of  the  duties 
herein  enjoined  upon  him,  shall  forfeit  and  pay  to  said  city  a  sum 
not  less  than  live  dollars  nor  more  than  one  hundred  dollars. 

Sec.  5.  No  lighted  candle  or  lamp  shall  be  used  in  any  stable, 
or  other  place  or  building  where  hay,  straw,  or  other  like  combusti¬ 
ble  materials  shall  be  kept,  unless  the  same  shall  be  well  secured  in 
a  lantern,  under  the  penalty  of  two  dollars  for  each  offense. 

Sec.  6.  No  hay,  straw,  chips,  shavings  or  other  combustible  sub¬ 
stance,  shall  be  set  on  lire  or  burned  in  any  street  or  lot  within  forty 
feet  of  any  building  in  the  city,  without  permission  of  an  Alderman, 
under  the  penalty  of  five  dollars,  to  be  recovered  of  any  person 
directing  or  causing  the  same  to  be  done. 

Sec.  7.  No  ashes  (except  at  manufactories  where  ashes  are  used) 
shall  be  kept  or  deposited  in  any  part  of  the  city  unless  the  same  be 
kept  in  a  close  and  secure  metalic  or  earthern  vessel,  or  brick  or 
stone  ash  room,  under  the  penalty  of  three  dollars  for  each  offense, 
ahd  the  further  penalty  of  one  dollar  for  every  twenty-four  hours  the 
same  shall  be  suffered  to  remain  so  kept  or  deposited  after  notice 
from  a  fire  warden  to  remove  the  same. 

Sec.  8.  No  person  shall,  within  the  limits  of  said  city,  stack  or 
deposit  any  hay,  straw  or  other  like  combustible  material,  within 
fifty  feet  of  any  building  within  the  limits  of  the  city  without  having 
first  obtained  a  written  permission  from  an  Alderman  of  the  ward 
in  which  the  same  may  be  located,  under  a  penalty  of  ten  dollars  for 
each  offense,  and  a  like  penalty  for  every  week  the  same  may  remain 
after  notice  from  a  fire  warden  to  remove  the  same. 

Sec.  9.  No  chimney  shall  hereafter  be  built  with  less  than  four 
inches  thickness  of  brick  or  stone  completely  imbedded  in  lime 
mortar  and  plastered  on  the  inside  with  a  smooth  coat  of  the  same. 
No  flue  shall  in  any  case  be  less  than  eight  by  eight  inches;  and  if 
intended  for  two  or  more  whole  stories,  not  less  than  eight  by  twelve 
inches.  Holes  for  stove  pipes  shall  have  a  sheet  iron  thimble  inserted 
into  the  chimney,  imbedded  in  mortar,  and,  when  not  in  use,  a  tin 
or  sheet  iron  stopper,  with  a  flange  at  least  one-half  an  inch  wide 
outside  of  the  brick.  Every  person  who  shall  hereafter  build  or 
cause  a  chimney  to  be  built  contrary  to  the  x>rovisions  of  this  section 


GRADES. 


95 


shall,  for  every  such  offense,  forfeit  and  pay  to  said  city  the  sum  of 
five  dollars  ;  and  every  owner  of  any  chimney  that  shall  hereafter 
be  built  contrary  to  the  provisions  of  this  section,  shall  cause  the 
same  to  be  altered  within  ten  days  after  notice  shall  be  given  by  any 
fire  warden  or  forfeit  and  pay  the  sum  of  five  dollars,  and  also  the 
sum  of  five  dollars  for  every  month  thereafter,  so  long  as  said 
chimney  shall  remain  unaltered. 

Sec.  10.  Stove  pipes  shall  not  be  less  than  four  inches  from  any 
wood  or  other  combustible  materials,  unless  there  be  a  double  circle 
of  tin  connected  together,  and  air  holes  through  the  connecting  tin, 
between  said  pipe  and  the  combustible  substance  ;  and  every  person 
violating  the  provisions  of  this  section  shall  forfeit  and  pay  to  said 
city  the  sum  of  three  dollars  and  the  further  sum  of  one  dollar  for 
every  three  days  he  shall  continue  in  violating  this  section. 


CHAPTER  XI. 

GRADES. 

Ordinances  establishing  the  grade  of  aertain  streets.  • 

ARTICLE  I. 

An  Ordinance  establishing  the  grade  of  Stephenson  street  from  railroad  to  Cherry 
street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  grade  of  Stephenson  street,  from  the  track  of  the 
Illinois  Central  railroad  to  the  easterly  side  of  Cherry  street,  be  and 
the  same  is  hereby  established,  as  follows,  the  base  line  to  which 
reference  is  herein  made  being  on  a  level  with  the  top  of  the  main 
track  of  the  Illinois  Central  railroad  in  the  center  of  said  Stephenson 
street:  Commencing  at  a  point  in  the  center  of  said  Stephenson 
street  on  the  west  line  of  said  railroad  track  on  the  same  level  with 
the  base  line,  and  running  thence  along  the  center  of  Stephenson 
street,  rising  on  a  uniform  grade,  to  the  westerly  side  of  Liberty 
street,  to  a  point  five  and  fourteen  one-hundredths  feet  above  the 
base  line  ;  thence  rising  on  a  uniform  grade  to  the  westerly  side  of 
Adams  street,  to  a  point  nine  and  fifty-seven  one-hundredths  feet 
above  the  base  line  ;  thence  rising  on  a  uniform  grade  to  the  easterly 
side  of  Chicago  street,  to  a  point  fourteen  and  ninety-five  one-hun¬ 
dredths  feet  above  the  base  line  ;  thence  rising  on  a  uniform  grade 


96 


ORDINANCES 


to  the  westerly  side  of  Van  Buren  street,  to  a  point  twenty-six  and 
forty-three  one-hundreths  feet  above  the  base  line  ;  thence  rising  on 
a  uniform  grade  to  the  easterly  side  of  Cherry  street,  to  a  point 
forty-four  and  forty-five  one-hundredths  feet  above  the  base  line. 

Passed  September  30,  1857. 


ARTICLE  II. 

An  Ordinance  establishing  the  grade  of  Stephenson  street  from  Cherry  street  to 

Grove  street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  grade  of  Stephenson  street,  from  the  east  line  of 
Cherry  street,  be  and  the  same  is  hereby  established  as  follows  : — 
Beginning  at  the  east  line  of  Cherry  street  on  the  same  level  with 
grade  heretofore  established  at  that  point  as  a  base,  running  thence 
westerly  along  the  center  of  Stephenson  street  on  a  uniform  grade 
seven  hundred  and  seventy-four  feet,  to  a  point  nine  feet  above  the 
base  line,  thence  westerly  along  the  center  of  said  Stephenson  street, 
on  a  uniform  grade,  five  hundred  and  thirty  feet,  to  a  point  five  feet 
above  the  base  line,  thence  west  along  the  center  of  said  Stephenson 
street,  on  a  uniform  grade,  five  hundred  and  seventy  feet,  to  a  point 
seven  feet  above  the  base  line. 

Passed  August  30,  1865. 


ARTICLE  III. 

An  Ordinance  establishing  the  grade  of  Stephenson  street,  from  Grove  street  to 
West  street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  grade  of  Stephenson  street,  from  Grove  street  to 
West  street,  be  and  the  same  is  hereby  established  as  follows: — 
Beginning  at  a  point  in  the  center  of  said  Stephenson  street,  at  the 
grade  heretofore  established  opposite  the  easterly  side  of  Grove 


GRADES. 


97 


street,  running  thence  westerly  along  the  center  of  said  Stephenson 
street,  one  hundred  feet  to  a  point  one  and  two- tenths  feet  above  the 
place  of  beginning,  thence  westerly  along  said  street,  to  a  point  ten 
feet  west  of  the  east  line  of  West  street,  six  feet  above  the  place  of 
beginning. 

Passed  October  14,  1865. 


ARTICLE  IV. 

An  Ordinance  establishing  the  grade  of  Stephenson  street,  from  West  street  to 

Wissler  street. 

Section-  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  grade  of  Stephenson  street,  from  the  east  side  of 
West  street  to  the  west  side  of  Wissler  street,  in  said  city  be  and  the 
same  is  hereby  established  as  follows:  Commencing  in  the  center  of 
said  Stephenson  street  at  the  established  grade  on  the  east  line  of 
West  street  and  running  thence  westerly  on  a  uniform  grade  two 
hundred  feet,  to  a  point  six  and  three-hundredths  feet  above  the 
starting  point,  thence  on  a  uniform  grade  for  one  hundred  feet  to  a 
point  eight  and  one-hundredths  feet  above  the  starting  point,  thence 
on  a  uniform  grade  for  a  distance  of  five  hundred  and  twenty-two  feet 
to  the  east  line  of  Foley  street  eleven  and  seventy-nine  hundredths 
feet  above  the  starting  point,  thence  on  a  uniform  grade,  for  a  dis¬ 
tance  of  one  hundred  and  seventy-eight  feet,  to  a  point  sixteen  and 
seventy-three  hundredths  feet  above  the  starting  point,  thence  on  a 
uniform  grade  to  the  west  line  of  Wissler  street  thirty-one  and  fifty- 
five  hundredths  feet  above  the  starting  point. 

Passed  May  24,  1867. 

13 


ORDINANCES 


98 


ARTICLE  V. 

An  Ordinance  establishing  the  grade  of  Galena  street,  from  railroad  to  Walnut 
street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  grade  of  Galena  street,  from  the  track  of  the 
Illinois  Central  railroad,  to  the  westerly  side  of  Walnut  street  be, 
and  the  same  is  hereby  established  as  follows  :  The  base  line  to 
which  reference  is  herein  made  being  on  a  level  with  the  top  of  the 
main  track  of  the  Illinois  Central  railroad  in  the  center  of  said 
Galena  street:  Commencing  at  a  point  in  the  center  of  said  Galena 
street  on  the  west  line  of  said  railroad  track,  on  the  same  level  with 
the  base  line  herein  before  referred  to,  and  running  thence  along  the 
center  of  said  Galena  street,  rising  on  a  uniform  grade  to  the  westerly 
line  of  Liberty  street,  to  a  point  two  feet  and  sixty  one-hundredths 
of  a  foot,  above  the  base  line,  thence  rising  on  a  uniform  grade  to  the 
easterly  side  of  Chicago  street  to  a  point  seven  and  eighty  one-hun¬ 
dredths  feet  above  the  base  line,  thence  rising  on  a  uniform  grade  to 
the  westerly  side  of  Exchange  street,  to  a  point  twelve  and  seventy- 
six  one-hundredths  feet  above  the  base  line,  thence  rising  on  a  uni¬ 
form  grade  to  the  westerly  side  of  Walnut  street,  to  a  point  seventeen 
and  sixty-three  one-hundredths  feet  above  the  base  line. 

Passed  June  6,  1863 — amended  September  22,  1863. 


ARTICLE  VI. 

An  Ordinance  establishing  the  grade  of  Chicago  street  from  Galena  street  to 
Bridge  street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  grade  of  Chicago  street  from  the  northerly  side 
of  Galena  street  to  the  southerly  side  of  Bridge  street  be,  and  the 
same  is  hereby  established  as  follows :  Commencing  at  a  point  in  the 
center  of  Chicago  street  at  its  intersection  with  the  northerly  side  of 
Galena  street  eight  feet  and  six  one-hundredths  of  a  foot  above  the 
base  line  of  said  Galena  street  as  established  by  an  ordinance  passed 


GRADES. 


99 


June  6,  1863,  and  as  amended  by  an  ordinance  passed  September  22, 
1863,  thence  running  along  the  center  of  said  Chicago  street  rising  on 
a  uniform  grade  to  the  southerly  side  of  Stephenson  street  to  a  point 
fourteen  feet  and  thirty-six  one-hundredths  of  a  foot  above  the  base 
line,  thence  running  on  a  level  to  the  northerly  side  of  Stephenson 
street,  thence  rising  on  a  uniform  grade  to  a  point  seventy-seven 
feet  and  fifty  one-hundredths  of  a  foot  northerly  from  Stephenson 
street,  fifteen  feet  and  six  hundredths  of  a  foot  above  the  base  line, 
thence  descending  on  a  uniform  grade  to  the  south  side  of  Bridge 
street  to  a  point  fourteen  feet  and  thirty-six  hundredths  of  a  foot 

above  the  base  line. 

Passed  June  3,  1864. 


ARTICLE  VII. 

A.n  Ordinance  establishing  the  grade  of  certain  streets  therein  named. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
.Freeport,  That  the  grade  of  Chicago  street,  from  Galena  street,  to  the 
easterly  side  of  Union  street,  be  and  the  same  is  hereby  established 
as  follows:  Assuming  as  a  base  line  to  which  reference  is  herein 
made  the  established  grade  of  Galena  street,  at  its  intersection  with 
Chicago  street  and  running  thence  southerly  along  the  center  of  said 
Chicago  street  to  the  southerly  side  of  Spring  street,  at  a  point  four 
and  twenty-one  hundredths  feet  below  the  base  line,  thence  along 
the  center  of  said  Chicago  street,  to  the  southerly  line  of  Jackson 
street  to  a  point  one  foot  and  forty  hundredths  below  the  base  line, 
thence  along  said  Chicago  street  to  the  northerly  side  of  Washington 
street  to  a  point  five  and  twenty-three  hundredths  feet  above  the 
base  line,  thence  along  said  Chicago  street,  to  the  easterly  side  of 
Union  street,  at  a  point  nineteen  and  eleven  hundredths  feet  above 
the  base  line. 

Sec.  2.  That  the  grade  of  Mechanics  street,  from  Galena  street, 
to  the  southerly  limits  of  the  original  Town  of  Freeport  be,  and  the 
same  is  hereby  established  as  follows:  Taking  for  a  base  line,  the 
established  grade  of  Galena  street,  at  its  intersection  with  said 
Mechanics  street,  and  running  thence  southerly  along  the  center  of 
said  Mechanics  street  to  the  alley  south  of  Spring  street,  at  a  point 
three  and  sixty-five  hundredths  feet  below  the  base  line,  thence  along 
the  center  of  said  street  to  the  southern  limits  of  the  original  Town 
of  Freeport,  at  a  point  twenty-eight  feet  above  the  base  line. 


100 


ORDINANCES. 


Sec.  3.  That  the  grade  of  Walnut  street,  from  Stephenson  street, 
to  the  Galena  road,  be  and  the  same  is  hereby  established  as  follows : 
Taking  as  a  base  line  the  established  grade  of  Stephenson  street  at 
its  intersection  with  Walnut  street,  and  running  thence  northerly 
along  the  center  of  Walnut  street,  ninety  feet  to  a  point  one  and  fifty 
hundredths  feet  above  the  base  line,  thence  along  said  street  on  a 
uniform  grade  to  a  point  ten  feet  north  of  the  southerly  lineof  Webster 
street,  twenty-eight  feet  below  the  baseline,  thence  northerly  along 
said  Walnut  street  to  the  southerly  side  of  the  alley  running  through 
blocks  eighty-one  and  eighty-two  to  a  point  twenty-five  feet  below 
the  base  line,  thence  northerly  along  said  street  on  a  uniform  grade 
to  *he  Galena  road,  to  a  point  ten  feet  below  the  base  line. 

Passed  October  G,  1866. 


ARTICLE  VIII. 

An  Ordinance  establishing  the  grade  of  Exchange  street,  bet  ween  Galena  street, 
and  the  north  side  of  Bridge  street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  grade  of  Exchange  street,  from  the  center  of 
Galena  street,  to  the  northerly  side  of  Bridge  street,  be  and  the  same 
is  hereby  established  as  follows  :  Beginning  in  the  center  of  and  on 
the  same  level  with  Galena  street,  at  its  intersection  with  Exchange 
street,  running  thence  northerly  along  the  center  of  Exchange  street, 
one  hundred  and  seventy-five  feet  to  the  north  line  of  the  alley 
rising  on  a  uniform  grade  to  an  elevation  at  this  point  of  six  and 
seventy-five  one-hundredths  feet  above  Galena  street,  thence  rising 
on  a  uniform  grade  along  the  center  of  said  Exchange  street,  one 
hundred  and  fifty-five  feet  to  the  center  of  Stephenson  street,  attain¬ 
ing  at  this  point  an  elevation  of  fifteen  and  eighty-one  hundredths 
feet  above  Galena  street,  thence  along  the  center  of  said  Exchange 
street,  one  hundred  and  thirty-seven  feet  to  a  point  two  feet  above 
the  level  of  Stephenson  street,  thence  along  the  center  of  said 
Exchange  street  one  hundred  and  twenty-three  feet  to  the  northerly 
side  of  Bridge  street,  one  foot  above  the  level  of  Stephenson  street. 
Passed  August  15,  1865. 


GRADES. 


101 


ARTICLE  IX. 


An  Ordinance  establishing  the  grade  of  Exchange  street  from  the  south  line  of 

Galena  street  to  the  west  line  of  Union  street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  grade  of  Exchange  street,  from  the  south  line  of 
Galena  street  to  the  west  line  of  Union  street,  be  and  the  same  is 
hereby  established  as  follows:  Commencing  in  the  center  of 
Exchange  street,  at  the  established  grade  on  the  south  line  of  Galena 
street,  and  running  thence  along  the  center  of  Exchange  street  on  a 
uniform  grade,  to  the  north  line  of  Spring  street,  five  feet  below  the 
starting  point,  thence  on  a  level  to  the  south  line  of  Spring  street, 
thence  on  a  uniform  grade  to  the  north  line  of  the  alley  between 
Spring  and  Jackson  streets  four  feet  below  the  starting  point,  thence 
on  a  uniform  grade  to  the  north  line  of  Jackson  street,  five-tenths  of 
a  foot  below  the  starting  point,  thence  on  a  uniform  grade  to  the 
north  line  of  Washington  street,  eleven  feet  above  the  starting  point, 
thence  on  a  uniform  grade  to  the  south  line  of  Washington  street, 
twelve  feet  above  the  starting  pointy  thence  on  a  uniform  grade  to 
the  north  line  of  Elk  street,  eighteen  feet  above  the  starting  point, 
thence  on  a  uniform  grade  to  the  south  line  of  Elk  street,  nineteen 
feet  above  the  starting  point,  thence  on  a  uniform  grade  for  a  dis¬ 
tance  of  four  hundred  and  eighty-eight  feet,  to  a  point  thirty-one 
and  seventy-five  hundredths  feet  above  the  starting  point,  thence  on 
a  uniform  grade  to  the  west  line  of  Union  street,  thirty-two  and 
seventy-five  hundredths  feet  above  the  starting  point. 

Passed  June  6,  1867. 


article  x. 

An  Ordinance  establishing  the  grade  of  Liberty  street  from  Stephenson  street  to 
south  line  of  original  Town. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  grade  of  Liberty  street  from  its  intersection  with 
Stephenson  street,  to  the  south-easterly  line  of  the  original  Town  of 


i 


102 


ORDINANCES 


Freeport  be,  and  the  same  is  hereby  established  as  follows  :  The 
base  line  to  which  reference  is  herein  made  being  on  a  level  with  the 
top  of  the  main  track  of  the  Illinois  Central  railroad  at  its  present 
crossing  on  the  center  of  Stephenson  street,  viz :  Commencing  at  a 
point  in  the  center  of  Liberty  street,  at  its  intersection  with  the 
center  of  said  Stephenson  street,  four  feet  and  six  inches  above  the 
base  line,  running  thence  southerly  along  the  center  of  said  Liberty 
street,  one  hundred  and  fifty-five  feet  to  a  point  on  the  north  side 
of  the  alley,  seven  feet  and  six  inches  above  the  base  line,  thence 
southerly  along  the  center  of  said  street  to  the  center  of  Galena 
street  at  grade,  thence  southerly  along  the  center  of  Liberty  street, 
to  the  center  of  Jackson  street,  on  a  uniform  grade  one  foot  below  the 
base  line,  thence  southerly  along  the  center  of  Liberty  street  one 
hundred  and  ninety  feet  to  a  point  two  feet  above  the  base  line, 
thence  on  a  uniform  grade  to  a  point  on  the  north  side  of  the  alley 
south  of  Washington  street,  nineteen  feet  above  the  base  line,  thence 
along  the  center  of  said  Liberty  street  to  a  point  on  the  southerly 
line  of  the  original  Town  of  Freeport,  twenty-three  feet  and  six 
inches  above  the  base  line. 

Passed  September  19,  1865. 


ARTICLE  XI. 

An  Ordinance  establishing  the  grade  of  Bridge  street,  from  Liberty  street,  to 

Exchange  street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  grade  of  Bridge  street,  from  the  west  side  of 
Liberty  street  to  the  west  side  of  Exchange  street,  be  and  the  same 
is  hereby  established  as  follows :  The  base  line  to  which  reference  is 
herein  made  being  on  a  level  with  the  top  of  the  main  track  of  the 
Illinois  Central  railroad  where  the  same  crosses  the  center  line  of 
Bridge  street ;  commencing  in  the  center  of  Bridge  street,  in  the 
west  line  of  Liberty  street,  five-tenths  of  a  foot  above  the  base  line, 
and  running  thence  on  a  uniform  grade  to  the  east  line  of  Adams 
street  seven  and  thirty-four  hundredths  feet  above  the  base  line, 
thence  on  a  uniform  grade  to  the  west  line  of  Adams  street  eight 
feet  above  the  base  line,  thence  on  a  uniform  grade  to  the  east  line 
of  Mechanics  street  eleven  feet  above  the  said  base  line,  thence  on  a 
uniform  grade  to  the  west  line  of  Mechanics  street  eleven  and  sixty- 


GRADES. 


103 


six  hundredths  feet  above  the  base  line,  thence  on  a  uniform  grade 
to  the  east  line  of  Chicago  street  fourteen  and  sixty-six  hundredths 
feet  above  the  base  line,  thence  on  a  uniform  grade  to  the  west  line 
of  Chicago  street,  fifteen  and  five-tenths  feet  above  the  base  line, 
thence  on  a  uniform  grade  to  the  east  line  of  Van  Buren  street, 
twenty-three  and  seventy-five  hundredths  feet  above  the  base  line, 
thence  on  a  uniform  grade  to  the  west  line  of  Van  Buren  street, 
twenty-six  and  five  hundredths  feet  above  the  base  line,  thence  on  a 
uniform  grade  to  the  east  line  of  Exchange  street,  thirty  and  twenty- 
five  hundredths  feet  above  the  base  line,  thence  on  a  uniform  grade 
to  the  west  line  of  Exchange  street,  thirty  and  seventy-five  hun¬ 
dredths  feet  above  the  base  line. 

Passed  May  11,  1867. 


ARTICLE  XII. 

An  Ordinance  establishing  the  grade  of  Adams  street,  from  the  south  side  of 

.Bridge  street,  to  the  west  side  of  Carroll  street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  grade  of  Adams  street,  from  the  south  side  of 
Bridge  street  to  the  west  side  of  Carroll  street,  be  and  the  same  is 
hereby  established  as  follows :  the  base  line  to  which  reference  is 
herein  made  being  on  a  level  with  the  top  of  the  main  track  of  the 
Illinois  Central  railroad  where  the  same  crosses  the  center  line  of 
said  Bridge  street ;  beginning  in  the  center  of  said  Adams  street, 
where  the  same  crosses  the  west  line  of  Bridge  street,  seven  and 
sixty-seven  hundredths  feet  above  the  base  line,  and  running  thence 
on  a  unform  grade  to  the  north  line  of  Stephenson  street  eight  and 
sixty-seven  hundredths  feet  above  the  base  line,  thence  on  a  level  to 
the  south  line  of  Stephenson  street,  thence  on  a  uniform  grade  to  the 
north  line  of  Galena  street,  four  and  four-tenths  feet  above  the  base 
line,  thence  on  a  level  to  the  south  line  of  Galena  street,  thence  on  a 
uniform  grade  to  the  north  line  of  Spring  street,  one  and  eight-tenths 
feet  above  the  base  line,  thence  on  a  uniform  grade  to  the  north  line 
of  the  alley  between  Spring  and  Jackson  streets,  one  and  four-tenths 
feet  above  the  base  line,  thence  on  a  uniform  grade  to  the  north  line 
of  Jackson  street  three  and  one-tenth  feet  above  the  baseline,  thence 
on  a  uniform  grade  to  the  north  line  of  Washington  street,  twenty- 
three  and  two-tenths  feet  above  the  base  line,  thence  on  a  uniform 


104 


ORDINANCES. 


grade  to  the  north  line  of  the  alley  between  the  original  Town  of 
Freeport  and  Wright  and  Purinton’s  addition,  thirty-four  and  seven- 
tenths  feet  above  the  base  line,  thence  on  a  uniform  grade  to  the 
west  line  of  Carroll  street,  thirty-eight  feet  above  the  base  line. 

Passed  July  6,  1867. 


ARTICLE  XIII. 

An  Ordinance  establishing  the  grade  of  the  alley  running  through  Block  No.  47, 
in  the  original  Town  of  Freeport. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  grade  on  the  alley  running  through  Block  No. 
47,  in  the  original  Town  of  Freeport,  from  Chicago  street  to  Van 
Buren  street,  be  and  the  same  is  hereby  established  as  follows  : — 
Commencing  at  a  point  in  the  center  of  said  alley,  on  the  westerly 
side  of  Chicago  street,  eleven  and  forty-six  hundredths  feet  above 
the  base  line  of  Galena  street  as  established  by  an  ordinance  passed 
June  6,  A.  D.  1863,  and  as  amended  by  an  ordinance  passed  Septem¬ 
ber  22,  A.  D.  1863,  thence  running  along  the  center  of  said  alley 
rising  on  a  uniform  grade  to  the  easterly  side  of  Van  Buren  street, 
to  a  point  sixteen  and  eighteen  hundredths  feet  above  the  base  line. 
Passed  November  22,  1864. 


CHAPTER  Nil. 

GUNPOWDER  AND  GUN-COTTON. 

An  Ordinance  concerning  gunpowder  and  gun-cotton.* 

Section  Section 

1.  Powder,  how  much  may  be  kept  and  2.  Fire  wardens  authorized  to  make 
where;  not  to  be  sold  at  night  unless  search  in  certain  cases, 

in  sealed  cans.  3.  Police  officers  to  report  violations. 

Section  1 .  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  no  person  shall  have  or  keep  at  his  place  of  business 


*  Original  Ordinance  passed  December  1, 1855,  and  amended  by  revision  of  1857. 


105 


GUNPOWDER  AND  GUN-COTTON. 


or  elsewhere,  within  this  city,  a  greater  quantity  of  gunpowder  or 
gun-cotton  than  twenty-five  pounds  at  one  time,  and  the  same  shall 
be  kept  in  tin  or  copper  canisters  or  cases  containing  not  to  exceed 
five  pounds  in  each,  and  in  a  situation  remote  from  fires,  lighted 
lamps,  candles  and  gas,  from  which  they  may  be  easily  removed  in 
case  of  fire  ;  and  no  person  or  persons  shall  sell  or  weigh  any  gun¬ 
powder  or  gun-cotton  after  the  lighting  of  lamps  in  the  evening, 
unless  in  sealed  canisters  or  cases.  A  violation  of  any  provision  of 
this  section  shall  subject  the  offender  to  a  fine  of  not  less  than  ten 
dollars  nor  exceeding  one  hundred  dollars. 

Sec.  2.  It  shall  be  lawful  for  any  member  of  the  City  Council 
or  any  fire  warden  of  the  city,  whenever  he  shall  have  cause  to 
suspect  that  any  gunpowder  or  gun-cotton  is  concealed  or  kept 
within  the  city,  in  violation  of  the  provisions  of  this  ordinance,  to 
search  any  place  in  said  city  for  the  purpose  of  determining  whether 
any  gunpowder  or  gun-cotton  is  concealed  or  kept  as  aforesaid. 
Any  person  who  shall  obstruct  or  hinder  any  member  of  the  City 
Council,  or  any  fire  warden,  in  the  execution  of  his  duties  under 
this  ordinance,  shall  forfeit  and  pay  to  said  city,  for  each  offense,  a 
sum  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  3.  It  shall  be  the  duty  of  the  City  Marshal,  Police  officers 
and  fire  wardens  to  report  all  violations  of  this  ordinance  which  may 
come  to  their  knowledge,  to  the  Mayor  or  City  Attorney  for 
prosecution. 


CHAPTER  XIII. 

ITAY  AND  WOOD  STANDS. 

An  Ordinance  concerning  hay  and  wood  stands. 

Section  Section 

1.  Hay  and  wood  stands  designated  2  Penalty  for  violating  the  provisions 

of  this  ordinance. 

Section  1.  Beit  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  no  person  or  persons  having  hay  or  wood  in  market 
for  sale  by  the  wagon,  cart  or  sled-load,  shall  stop  or  wait  with  such 
load  for  a  purchaser  or  purchasers  on  any  street,  alley,  lane  or  public 
ground  of  the  city,  within  the  limits  of  the  original  town  of  Freeport 
except  as  hereinafter  designated,  to  wit : 

14 


106 


ORDINANCES 


On  Exchange  street,  between  Stephenson  street  and  Bridge  street, 
leaving  a  clear  space  of  at  least  twenty  feet  on  the  westerly  side  ol 
said  Exchange  Street:  On  Van  Buren  street,  between  Stephenson 
street  and  Bridge  street,  leaving  a  clear  space  of  at  least  twenty  feet 
on  the  easterly  side  of  said  Van  Buren  street :  On  Adams  street, 
between  Stephenson  street  and  Bridge  street :  On  Bridge  street, 
between  Exchange  street  and  Chicago  street. 

Sec.  2.  Any  person  or  persons  who  shall  violate  the  provisions 
of  this  ordinance  shall  on  conviction  thereof,  forfeit  and  pay  to  said 
city,  for  each  offense,  not  less  than  one  dollar  nor  more  than  five 
dollars. 


LICENSES. 


107 


CHAPTER  XIV. 


LICENSES. 


An  Ordinance  concerning  licenses.* 


ARTICLE  I. 
«  II. 
“  III. 
“  IV. 
“  V. 
VI. 


GENERAL  PROVISIONS. 

AUCTIONEERS. 

BILLIARD  TABLES  AND  BOWLING  ALLEYS. 
PAWN  BROKERS  AND  MONEY  LENDERS. 
PEDLERS. 

PORTERS  AND  RUNNERS. 


“  '  VII.  SHOWS  AND  EXHIBITIONS. 

VIII.  SPIRITUOUS  AND  MALT  LIQUORS, 


ARTICLE  I.  GENERAL  PROVISIONS. 

Section  *  Section 

1.  All  licenses  to  be  subject  to  the  ordi-  3.  No  license  to  be  granted  for  longer 

nances  in  force  when  issued,  or  sub-  than  one  year;  Mayor  may  order  the 

sequently  established ;  persons  vio-  issuing  of  licenses. 

lating  liable  to  have  license  revoked.  4.  Licenses,  how  issued. 

2.  Licenses  not  assignable  without  per-  5.  City  Clerk  to  keep  a  register  of  all 

mission.  licenses. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  all  licenses  which  may  be  issued  under  any  ordinance 
of  this  city  shall  be  subject  to  the  ordinances  and  regulations  which 
may  be  in  force  at  the  time  of  the  issuing  thereof,  or  which  may 
subsequently  be  established  by  the  City  Council.  And  if  any  person 
so  licensed  shall  violate  any  of  the  provisions  thereof,  he  shall  be 
liable  to  be  proceeded  against  for  any  fine  or  penalty  imposed  there* 
by,  and  his  license  shall  be  subject  to  be  revoked  in  the  discretion  of 
the  Mayor,  City  Council  or  Magistrate  before  whom  any  action  shall 
be  brought  for  the  recovery  of  any  fine  or  penalty  as  aforesaid. 

Sec.  2.  No  license  granted  under  any  ordinance  shall  be  assigna¬ 
ble  or  transferable,  without  permission  of  the  Mayor  or  City  Council, 
nor  shall  any  such  license  authorize  any  person  to  do  business  or  act 
under  it  but  the  person  named  therein,  unless  such  ordinance  shall 
otherwise  provide. 


*  Ordinances  passed  May  12,  1855,  May  7, 1856, and  amended  by  revisions  of 
1857  and  1868. 


108 


ORDINANCES. 


Sec.  3.  No  license  shall  be  granted  at  any  one  time  for  a  longer 
period  than  one  year ;  and  in  all  cases  where  it  is  not  otherwise 
expressly  provided,  the  Mayor  shall  have  power  to  hear  applications 
for,  and  to  order  the  issuing  of  licenses,  upon  the  terms  specified  by 
the  ordinances  of  the  city. 

Sec.  4.  All  licenses  shall  be  issued  and  signed  by  the  City  Clerk 
under  the  city  seal  pursuant  to  the  order  of  the  Mayor  or  City 
Council,  upon  payment  to  him  of  the  sum  assessed  therefor,  together 
with  the  officers’  fees,  allowed  for  issuing  the  same,  and  no  person 
shall  be  deemed  to  be  licensed  in  any  case  until  the  issuing  of  license 
in  due  form  as  hereinbefore  provided. 

Sec.  5.  The  City  Clerk  shall  keep  a  license  register,  in  which 
shall  be  entered  the  name  of  each  and  every  person  licensed  pursuant 
to  the  ordinances  of  this  city,  the  date  of  the  license,  the  purpose  for 
which  the  license  is  granted,  and  the  time  the  same  will  expire,  or 
continue  in  force. 


ARTICLE  II.  AUCTIONEERS. 

Section  Section. 

1.  No  person  to  sell  at  auction  without  a  4.  Duties  on  auction  sales. 

license;  penalty.  •  5.  Auctioneers  to  make  monthly  re- 

2.  Licenses,  how  granted ;  auctioneers  ports  on  all  sales  made  and  pay 

to  give  bond,  how  conditioned;  duty ;  penalty  for  neglect. 

Mayor  to  order  the  issuing  of.  6.  City  Clerk  to  report  to  City  Council 

3.  Application  for  license  to  designate  names  of  delinquent  auctioneers. 

room  or  building  where  sales  to  be  7.  City  to  furnish  clerk  in  certain  cases. 

conducted ;  sales  at  auction  else-  8.  Sales  on  legal  process  exempt  from 

where  forbidden ;  penalty.  provisions  of  this  article. 

9.  Auctioneer,  no  power  to  appoint  an¬ 
other  person  to  act  in  his  stead. 

Section  1.  Any  person  or  persons  who  shall  sell,  or  attempt  to 
sell  at  public  auction,  within  this  city,  any  goods,  chattels,  or  per¬ 
sonal  property  whatever,  without  first  having  obtained  a  license 
therefor,  as  hereinafter  provided,  shall  forfeit  and  pay  to  said  city, 
for  each  offense,  a  sum  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

Sec.  2.  No  license  shall  be  granted  to  any  person  for  the  sale  of 
goods,  wares  and  merchandise,  or  other  personal  property,  at  public 
auction,  until  such  person  shall  have  paid  to  the  City  Clerk  for  the 
use  of  said  city,  the  sum  of  ten  dollars,  and  shall  have  executed  a 
bond  to  said  city,  with  security,  to  be  approved  by  the  City  Clerk, 


LICENSES. 


109 


in  the  penal  sum  of  two  hundred  dollars,  conditioned  for  the  pay¬ 
ment  of  ail  duties  that  are  or  may  be  imposed  by  this  or  any  sub¬ 
sequent  ordinance,  on  sales  made  by  him,  or  by  any  person  under 
him.  The  Mayor  is  hereby  authorized  to  order  the  issuing  of  a 
license  for  the  sale,  at  public  auction,  of  goods,  wares,  merchandise 
and  chattels,  to  any  person  or  persons  applying  therefor,  who  shall 
have  complied  with  the  requirements  of  this  section. 

Sec.  3.  Every  application  for  license  under  this  article,  shall 
state  the  room  or  building  in  which  the  applicant  desires  to  act  as 
auctioneer,  and  every  license  so  issued  shall  designate  such  room  or 
building,  and  no  auctioneer  so  licensed  shall  sell  any  goods,  chattels, 
merchandise  or  personal  property  of  any  description,  except  horses, 
mules,  cattle,  wagons,  carriages  and  sleighs,  at  any  place  in  this  city, 
other  than  the  room  or  building  so  designated,  unless  he  receive  a 
written  permit  from  the  -Mayor  so  to  do,  which  permit,  if  given, 
shall  state  the  time  and  place  when  and  where  said  auctioneer  may 
sell  such  property  elsewhere,  than  at  the  place  designated  in  his 
license.  Any  licensed  auctioneer  violating  the  provisions  of  this 
section,  shall  forfeit  his  license  and  the  same  may  be  revoked  by  the 
City  Council,  and  shall,  in  addition,  be  subject  to  a  fine  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  4.  A  duty  of  one  per  cent,  shall  be  collected  and  paid  into 
the  city  treasury,  by  every  auctioneer  holding  a  license  under  this 
article,  upon  the  gross  amount  of  all  sales  made  by  such  auctioneer, 
in  this  city,  of  household  furniture  which  has  been  used  in  this  city, 
live  stock,  wagons,  vehicles  and  farming  implements  ;  and  upon  the 
gross  amount  of  all  sales  of  merchandise  and  personal  property  of 
every  other  description  than  as  above  mentioned,  a  duty  of  eight 
per  cent,  shall  be  so  collected  and  paid  into  the  city  treasury  by  the 
auctioneer  making  such  sale :  Provided ,  however,  that  whenever 
the  owner  of  any  merchandise  or  other  personal  property  not 
included  in  the  classes  above  specified,  shall  at  the  time  of  such  sale, 
have  been  an  actual  resident  of  this  city  for  six  months,  next  preced¬ 
ing  such  sale,  and  shall  make  and  file  in  the  City  Clerk’s  office,  with 
the  report  of  the  auctioneer  selling  the  same,  a  written  affidavit 
stating  the  fact  of  such  ownership  and  residence,  and  that  such  goods 
or  merchandise  were  not  bought  or  brought  to  said  city  for  the  pur¬ 
pose  of  selling  the  same  at  auction,  then  in  that  case  a  duty  of  one 
per  cent,  only  shall  be  collected  and  paid  into  the  city  treasury  on 
the  gross  amount  of  such  sale. 

Sec.  5.  Every  auctioneer  licensed  under  this  article  shall  make 
a  report  to  the  City  Council  at  every  regular  meeting  thereof,  which 
report  shall  be  verified  by  the  oath  of  such  auctioneer,  and  shall  set 
forth  a  detailed  statement  of  all  sales  made  by  him  during  the  pre¬ 
ceding  month,  giving  the  names  and  residence  of  the  owners  of  the 
property  so  sold  by  him,  a  description  of  such  property,  and  the 


no 


ORDINANCES. 


amount  of  each  sale.  Such,  report  shall  be  accompanied  with  the 
Treasurer’s  receipt  for  the  amount  of  duty  due  thereon,  as  provided 
in  section  four  of  this  article.  Every  licensed  auctioneer  shall  make 
the  report  prescribed  by  this  section  at  every  regular  meeting  of  the 
City  Council,  whether  he  has  made  any  sales  during  the  month, 
liable  to  duty  or  not;  and  a  failure  to  make  such  report,  or  to  pay 
the  duty  due  thereon,  as  above  prescribed,  shall  at  the  option  of  the 
City  Council,  render  such  auctioneer  so  failing,  liable  to  have  his 
license  revoked  by  order  of  said  Council,  and  shall,  in  addition,  be 
subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hun¬ 
dred  dollars. 

Sec.  6.  It  shall  be  the  duty  of  the  City  Clerk  at  each  regular 
meeting  of  the  City  Council,  to  lay  before  them  all  reports  of  auc¬ 
tioneers  so  made,  and  to  report  to  them  the  names  of  all  licensed 
auctioneers,  who  have  failed  to  make  the  report  or  pay  the  duty 
prescribed  in  the  foregoing  sections. 

Sec.  7.  Whenever  the  Mayor  or  the  City  Council  may  think  it 
advisable  so  to  do,  the  said  Mayor  or  City  Council  may,  at  the 
expense  of  the  city,  furnish  to  any  auctioneer  a  clerk,  who  shall  keep 
a  correct  account  of  all  sales  made  by  such  auctioneer,  and  report 
the  same  to  the  Council  at  the  next  regular  meeting  after  such  sale, 
but  the  furnishing  of  such  clerk  shall  in  no  wise  dispense  with  the 
report  required  to  be  made  by  the  auctioneer  as  hereinbefore 
provided. 

Sec.  8.  All  sales  made  at  public  auction,  under  and  by  virtue 
of  any  legal  process,  and  all  sales  of  the  elfects  of  any  deceased  per¬ 
son  by  executor  or  administrator,  and  all  sales  of  the  effects  of  any 
bankrupt  sold  by  his  legally  appointed  assignee,  shall  be  exempt 
from  the  provisions  of  this  article. 

Sec.  9.  No  auctioneer  shall  by  virtue  of  his  license  have  any 
right  or  power  to  appoint  or  authorize  any  other  person  in  his  stead 
to  sell  or  offer  for  sale  at  auction,  any  goods  or  personal  property  of 
any  kind,  and  no  license  issued  under  the  provisions  of  this  article 
shall  authorize  any  one  except  the  person  to  whom  such  license  was 
issued,  to  sell,  offer  for  sale,  or  cry  for  sale  at  auction  in  this  city,  any 
goods,  wares,  merchandise  or  personal  property  of  any  description. 


LICENSES 


111 


ARTICLE  III.  BILLIARD  TABLES  AND  BOWLING  ALLEYS. 

Section  Section 

1.  Persons  maybe  licensed  to  keep  bil-  3  Minors  not  to  be  allowed  to  frequent 

Hard  tables  and  ball  alleys.  billiard  rooms  and  ball  alleys. 

‘2.  Bond  to  be  given,  how  conditioned.  4.  Penalty  for  violation  of  this  article. 

Section  1.  Licenses  may  be  granted  to  keep  billiard  tables  or 
ball  alleys,  upon  payment  by  the  applicant  therefor  in  either  case  of 
the  sum  of  twenty-five  dollars  for  each  year  :  Provided ,  That  if  any 
person  shall  desire  to  keep  within  the  same  building  more  than  one 
billiard  table,  ball  alley  or  bed,  he  shall  pay  the  sum  of  twenty-five 
dollars  for  the  first  and  twenty  dollars  for  each  of  the  others. 

Sec.  2.  The  applicant  for  a  license  in  either  of  the  cases  men¬ 
tioned  in  the  foregoing  section,  shall  execute  a  bond  to  the  city  with 
security,  to  be  approved  by  the  City  Clerk,  in  the  penal  sum  of  two 
hundred  dollars,  conditioned  that  the  said  person  so  licensed  shall 
not,  during  the  time  for  which  he  is  so  licensed,  permit  any  game  to 
be  played  in  or  about  his  premises,  where  such  billiard  table  or  ball 
alley  is  situated,  for  money  or  other  article  of  value,  and  that  such 
billiard  table  or  ball  alley  shall  not  be  used,  and  the  room  wherein 
the  same  is  situated  shall  be  closed,  between  the  hours  of  twelve 
o’clock  on  Saturday  night  and  twelve  o’clock  on  Sunday  night. 

Sec.  3.  Any  person  or  persons  who  shall  have  taken  out  a 
license  for  a  billiard  table  or  ball  alley,  who  shall  allow  any  minor 
or  minors  to  play  at  billiards  on  such  table,  or  at  bowling  on  said 
alley,  for  pay,  or  shall  allow  any  minor  or  minors  to  frequent  the 
room  or  place  where  such  billiard  table  or  ball  alley  is  situated,  shall 
upon  the  complaint  of  the  parent  or  guardian  of  any  such  minor, 
forfeit  and  pay  to  said  city  the  sum  of  twenty-five  dollars. 

Sec.  4.  Any  person  or  persons  who  shall  keep  a  billiard  table 
or  ball  alley  for  use,  within  the  meaning  of  this  article, .within  this 
city,  without  having  first  obtained  a  license  therefor,  as  required  by 
this  article,  shall  forfeit  and  pay  to  said  city,  for  each  and  every 
offense,  the  sum  of  fifty  dollars. 


112 


ORDINANCES. 


ARTICLE  IV.  PAWN  BROKERS  AND  MONEY  LENDERS.* 

Section  Section 

1.  Unlawful  to  act  as  a  pawn  broker,  3.  Licenses  must  specify  the  time  issued 

&c.,  without  license.  for ;  may  be  revoked  by  Mayor. 

2.  Licenses;  how  issued.  4.  Penalty. 

Section  1.  It  shall  not  be  lawful  for  any  person  or  persons 
within  this  city  to  exercise  the  business  or  occupation  of  a  pawn 
broker,  or  of  loaning  money  upon  pledge  of  personal  property 
deposited  as  security  for  the  payment  thereof,  without  having  first 
obtained  a  license  therefor  as  hereinafter  provided. 

Sec.  2.  The  Mayor  is  hereby  authorized  in  his  discretion  to 
order  the  issuing  of  a  license  to  any  person  or  persons  applying 
therefor,  for  either  of  the  objects  mentioned  in  section  one  of  this 
article,  upon  payment  of  not  less  than  at  the  rate  of  thirty-six  dol¬ 
lars  per  year :  Provided ,  That  no  such  license  shall  be  issued  for  any 
period  less  than  three  months. 

Sec.  3.  All  licenses  issued  pursuant  to  the  provisions  of  this 
article,  shall  specify  the  time  for  which  the  same  are  issued,  and 
may  be  revoked  by  the  Mayor,  in  his  discretion,  if  the  person  to 
whom  the  same  is  issued  shall  be  guilty  of  any  fraud,  extortion, 
imposition  or  deception  in  the  practice  of  said  business  authorized 
by  such  license. 

Sec.  4.  If  any  person  shall  pursue,  or  attempt  to  carry  on,  or 
practice  the  bussness  or  occupation  mentioned  in  section  one  of  this 
article  without  being  duly  licensed  therefor,  as  provided  in  the  fore¬ 
going  sections,  he  shall,  on  conviction,  be  fined  in  a  sum  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 


article  v.  peddlers. 

Section  Section 

1.  No  person  to  peddle  without  license.  3.  This  article  not  to  apply  to  persons 
2  Licenses,  how  granted,  may  be  revok-  coming  to  city  to  sell  produce,  etc., 

ed  when  ;  to  set  forth  kind  of  goods,  or  to  colporteurs, 

etc. 

Section  1.  Any  person  or  persons  who  shall  pursue  the  occupa¬ 
tion  or  business  of  a  hawker  or  peddler  within  this  city  without 


*  Original  Ordinance  passed  May  25,  1860,  amended  by  revision. 


LICENSES. 


113 


first  having  obtained  a  license  therefor,  as  hereinafter  provided,  shall 
forfeit  and  pay  to  said  city,  for  each  and  every  offense,  a  sum  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  2.  The  Mayor  is  hereby  authorized,  in  his  discretion,  to 
order  the  issuing  of  a  peddler’s  license,  to  any  person  applying 
therefor,  upon  the  payment  of  not  less  than  at  the  rate  of  twenty- 
four  dollars  per  year,  nor  more  than  at  the  rate  of  one  hundred  dol¬ 
lars  per  year;  and  no  such  license  shall  be  granted  for  a  term  less 
than  three  months  at  such  rates ;  and  for  a  less  time  than  three 
months,  no  such  license  shall  be  issued  at  a  less  rate  than  fifty  cents 
per  day.  Every  applicant  for  a  license  under  this  article  shall  state 
the  kind  and  aggregate  value,  as  near  as  may  be,  of  the  goods, 
merchandise,  or  articles  desired  to  be  peddled,  and  also  the  mode  of 
conveyance  of  the  same,  whether  by  cart,  trunk,  wagon,  or  other¬ 
wise  ;  and  the  license  issued  shall  also  set  forth  such  description  and 
mode  of  conveyance.  All  licenses  granted  pursuant  to  the  provisions 
of  this  article  may  be  revoked  by  the  Mayor,  in  his  discretion,  for 
any  improper  conduct  on  the  part  of  the  person  so  licensed  ;  and 
any  person  licensed,  pursuant  to  the  provisions  of  this  article,  who 
shall  be  guilty  of  any  fraud,  cheat,  misrepresentation  or  imposition 
while  acting  in  such  capacity,  or  who  shall  peddle  any  other  kind 
of  goods,  merchandise  or  article,  or  use  any  other  mode  of  convey¬ 
ance  than  that  specified  in  his  license,  shall  on  conviction  thereof, 
be*suhject  to  a  fine  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars. 

Sec.  3.  This  article  shall  not  be  so  construed  as  to  apply  to  any 
person  or  persons  coming  into  this  city  with  teams  or  otherwise 
with  any  produce  for  market ;  or  to  any  person  selling  any  vege¬ 
tables,  berries,  or  the  produce  of  their  own  farms  or  premises  ;  or  to 
any  person  selling  fruit,  nuts,  cakes,  refreshments  or  bread;  or  to 
colporteurs  or  other  persons  selling  only  bibles,  or  the  publications 
of  any  bible,  tract  or  other  religious  society. 

15 


114 


ordinances. 


ARTICLE  VI.  TORTERS  AND  RUNNERS. 

Section  Section 

1.  Nohotel  keeper  to  solicit  patronage  3.  Penalty  for  violating  this  article; 

at  railroad  stations  without  license.  Mayor  authorized  in  his  discretion 

2.  Licenses,  how  granted  ;  bond  to  bo  to  revoke  licenses  granted  under 

given, how  conditioned.  this  article. 

Section  1.  No  keeper  of  any  tavern,  hotel,  or  house  of  public 
entertainment  in  this  city,  shall  by  himself,  bis  porter,  runner  or 
agent,  in  any  manner  solicit  or  ask  for  the  patronage  or  custom  of 
any  traveler  or  other  person  for  such  tavern,  hotel  or  house,  at  any 
railroad  depot  or  station  in  said  city,  unless  such  keeper  of  such 
tavern,  hotel  or  house,  shall  first  have  obtained  a  license,  as  herein¬ 
after  provided. 

Sec.  2.  The  Mayor  is  hereby  authorized  to  order  the  issuing  of 
a  license  to  the  keeper  of  any  tavern,  hotel,  or  house  of  public  enter¬ 
tainment  in  this  city  to  solicit,  by  himself,  his  porter,  runner  or 
agent,  the  patronage  of  travelers  or  other  persons  for  the  tavern, 
hotel,  or  house  of  entertainment  kept  by  him,  at  any  railroad  depot 
or  station  in  said  city,  upon  payment  of  the  sum  of  ten  dollars  per 
annum,  and  executing  an  instrument  in  writing,  with  one  or  more 
securities,  to  he  approved  by  the  City  Clerk,  by  which  the  person 
applying  for  license  and  his  suretiesshall  jointly  and  severally  agree 
to  pay  to  the  city  of  Freeport,  or  to  such  person  or  persons  as  may 
he  entitled  thereto,  all  penalties,  fines,  forfeitures  and  damages  that 
may  be  incurred  or  caused  by  said  applicant,  his  porter,  runner  or 
agent,  by  or  for  reason  of  any  violation  of  any  ordinance  or  law  by 
the  said  applicant,  his  porter,  runner,  or  agent,  or  for  any  act  or 
thing  done  or  omitted  by  them,  while  soliciting  patronage  as  afore¬ 
said  :  Provided,  That  such  keeper  of  a  tavern,  hotel  or  house  of 
public  entertainment,  his  porter,  runner  or  agent,  when  engaged  in 
soliciting  patronage,  as  aforesaid,  shall  wear,  conspicuously  in  front 
of  his  cap  or  hat,  or  on  his  breast,  a  badge,  with  the  name  of  the 
hotel  or  house  for  which  he  is  acting,  painted  or  engraved  in  legible 
characters  thereon:  And  Provided,  farther.  That  hut  one  person 
shall  be  entitled,  at  the  same  time,  to  act  as  runner,  or  to  solicit 
custom,  for  any  hotel  or  public  house  in  this  city. 

Sec.  3.  Any  person  who  shall  violate  any  of  the  provisions  of 
this  article;  or  who  shall  wear  a  badge,  as  hereinbefore  provided  for, 
without  having  first  obtained  a  license,  or  being  employed  as  the 
porter,  runner  or  agent  of  one  who  has  a  license  ;  or  who,  not  being 
so  employed,  shall,  .with  or  without  a  badge,  act  as  the  porter,  run¬ 
ner  or  agent  of  any  such  tavern  or  hotel  keeper  for  the  i>urpose 


LICENSES. 


115 


aforesaid,  shall  forfeit  and  pay  to  said  city  a  sum  of  not  less  than 
five  dollars  nor  more  than  lifty  dollars  for  each  offense,  and  if 
licensed,  shall  moreover  be  liable  to  have  his  license  revoked  by  the 
Mayor,  who  is  hereby  authorized,  in  his  discretion,  for  good  cause, 
to  revoke  such  license. 


ARTICLE  VII.  SHOWS  AND  EXHIBITIONS.* 

Section  Section 

I.  No  person  to  exhibit  shows  of  any  2.  Licenses,  condition  of  granting  un* 
kind  without  a  license;  concerts  der  this  article, 
given  by  citizens  exempt.  3.  Licenses  shall  specify  object,  etc. 

Section  1.  Any  person  or  persons  who  shall  own,  conductor 
manage  for  gain  within  this  city,  any  theater,  circus,  caravan  or 
other  exhibition,  show  or  amusement,  or  who  shall  exhibit  any 
natural  or  artificial  curiosities,  or  panoramic  or  other  show  or  device 
of  any  kind,  or  who  shall  give  any  concert  or  other  musical  enter¬ 
tainment,  without  first  having  obtained  a  license  therefor,  as  here¬ 
inafter  provided,  shall  forfeit  and  pay  to  said  city,  for  each  offense, 
a  sum  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars: 
Provided,  That  for  musical  parties  or  concerts,  and  exhibitions  of 
paintings  or  statuary,  given  or  made  by  the  citizens  of  this  city,  no 
license  shall  be  required. 

Sec.  2.  The  Mayor  is  hereby  authorized,  in  his  discretion,  to 
order  the  issuing  of  a  license  to  any  person  or  persons  for  any  of  the 
objects  and  purposes  contemplated  in  the  foregoing  section,  upon 
the  payment  of  such  sum  as  the  Mayor  shall  determine  in  each 
particular  case:  Pro v ided,  That  not  less  than  two  dollars  for  each 
show,  concert  or  other  exhibition  shall  be  paid  for  license  in  any 
case:  And  Provided,  farther,  That  for  the  exhibition  of  any  circus, 
the  s\nn  assessed  for  license  shall  be,  for  one  exhibition  not  less  than 
fifteen  dollars  nor  more  than  twenty-five  dollars,  for  two  exhibitions, 
not  less  than  twenty-five  dollars  nor  more  than  forty  dollars,  and 
for  each  additional  exhibition  ten  dollars. 

Sec.  3.  All  licenses  issued  under  the  provisions  of  this  article 
shall  specify  the  object  and  length  of  time,  or  number  of  exhibitions 
for  which  the  same  shall  have  been  respectively  granted. 


*  Original  Ordinance  passed  September  30, 1857,  amended  by  revision. 


116 


ORDINANCES 


ARTICLE  VIII.  SPIRITUOUS  AND  MALT  LIQUORS. 


Section  Section 

1.  Licenses  for  sale  of  spirituous  liquors  5.  Forbidding  sale  of  liquors  to  habit- 

liovv  granted;  bond  lobegiven;  con-  ual  drunkards,  or  persons  in  intoxi- 
dition  of  bond.  cated  condition. 

2.  Licenses  for  the  sale  of  ale,  etc.,  how  G.  Authorizes  Mayor  or  Council  to  for- 

granted;  bond  to  be  given;  condition  bid  sale  of  liquors  to  specified  per- 

of  bond.  sons. 

3.  Licenses  how  assignable;  when  to  be  7.  Penalty  for  violation  of  last  two  sec- 

dated  ;  Mayor  may  revoke;  when  to  tions. 

expire.  8.  Selling  liquors  to  minors  prohibited. 

4.  Penalty  for  selling  liquor,  etc.,  with¬ 

out  license;  this  article  not  to  apply 
to  druggists. 

Section  1.*  The  City  Council  is  hereby  authorized  to  grant 
license  for  the  sale  of  spirituous,  vinous,  fermented  and  intoxicating 
liquors,  to  any  person  who  shall  apply  therefor  to  the  City  Council 
in  writing,  upon  such  person  executing  to  the  city  of  Freeport  a 
bond,  with  at  least  two  sureties,  to  be  approved  by  the  Mayor,  in 
the  penal  sum  of  five  hundred  dollars,  conditioned  that  the  party  so 
licensed  shall  faithfully  observe  and  keep  all  ordinances  heretofore 
passed  or  to  be  passed  during  the  period  of  such  license;  and  that  he 
will  not  keep-open  his  bar  or  place  for  the  sale  of  such  liquors,  nor 
sell,  give  away,  or  in  any  manner  deal  in,  by  himself,  servant,  or 
any  other  person,  any  spirituous,  vinous,  or  mixed,  fermented  or 
intoxicating  liquors  on  Sunday  ;  and  that  he  will  prohibit  all  gaming 
by  means  of  any  cards,  dominoes,  dice  or  other  articles  for  playing 
games  of  luck  or  chance,  and  paying  for  the  use  of  said  city  at  the 
rate  of  one  hundred  dollars  per  annum.  On  compliance  with  the 
foregoing  requirements,  a  license  shall  be  issued  to  the  applicant 
which  shall  authorize  the  person  or  persons  therein  named  to  sell, 
barter,  give  away  and  deliver  wines  and  other  liquors,  whether 
vinous,  ardent  or  fermented,  in  quantities  less  than  one  gallon,  in 
the  place  designated  in  the  application.  , 

Sec.  2.f  The  City  Council  is  hereby  authorized  to  grant  licenses 
for  the  sale  of  ale,  lager  bier  and  other  malt  liquors  which  are  not 
distilled,  to  any  person  who  shall  apply  therefor,  in  writing,  to  the 
City  Council,  upon  such  person  executing  to  the  city  of  Freeport  a 
bond,  with  at  least  two  sureties,  to  be  approved  by  the  Mayor,  in 

*  Ordinances  concerning  I  he  sale  of  spirituous  liquors  passed  June  15,  1855, 
September  29, 18.35,  Janu  iry  14,  1353,  May  7, 133J,  September  1,  1332,  August 
24,  lc64  and  December  7, 1H»7. 

t  Original  Ordinance  passed  February  1G,  1857,  and  amended  by  revisii  ns  of  1857 
and  1368. 


LICENSES 


117 


the  penal  sum  of  five  hundred  dollars,  conditioned  that  the  party  so 
licensed  shall  faithfully  observe  and  keep  all  ordinances  relating  to 
licensed  grocers,  and  that  he  will  not  keep  open  his  bar,  saloon,  or 
place  for  the  sale  of  such  ale,  lager  bier,  or  other  malt  liquors,  nor 
sell,  give  away,  or  in  any  manner  deal  in  by  himself,  servant  or  any 
other  person,  any  ale,  lager  bier  or  other  malt  liquors,  upon  Sunday; 
and  that  he  will  not  sell,  give  away,  or  in  any  manner  deal  in,  by 
himself,  servant,  or  any  other  person,  any  spirituous,  vinous,  dis¬ 
tilled,  or  other  intoxicating  liquors,  except  ale,  lager  bier  and  other 
malt  liquors,  for  the  sale  of  which  he  may  be  licensed  ;  and  that  he 
will  prohibit  all  gaming  in  his  saloon  or  place  for  the  sale  of  such 
liquors,  and  paying  for  the  use  of  said  city  at  the  rate  of  seventy- 
five  dollars  per  annum.  On  compliance  with  the  requirements  of 
this  section,  license  shall  be  issued  to  the  applicant,  which  shall 
authorize  the  person  or  persons  therein  named  to  sell,  barter,  gi  ve 
away,  and  deliver  ale,  lager  bier  and  other  malt  liquors  which  are 
not  distilled,  in  quantities  less  than  one  gallon,  in  the  place 
designated  in  the  application. 

Sec.  3.  No  license  issued  pursuant  to  the  provisions  of  this 
article  shall  be  transferred  or  assigned  without  the  permission  of 
the  City  Council.  Licenses  issued  by  virtue  of  this  article  shall  be 
dated  as  of  the  day  of  application  ;  and  any  license  so  granted  may 
be  revoked  upon  written  notice  by  the  Mayor,  whenever  it  shall 
appear  to  his  satisfaction  that  the  party  so  licensed  shall  have  viola¬ 
ted  any  provision  of  any  ordinance  relating  to  spirituous  liquors  or 
any  condition  of  the  bond  given  as  aforesaid.  All  licenses  issued 
pursuant  to  the  provisions  of  this  article  shall  expire  on  the  last  day 
of  August  in  each  year,  and  at  no  other  time. 

Sec.  4.  Any  person  who  shall  hereafter  have  or  keep  any 
tavern,  grocery,  ordinary,  victualing  or  other  house  or  place,  within 
this  city,  for  the  selling,  giving  away,  or  in  any  manner  dealing  in 
any  vinous,  spirituous,  ardent,  intoxicating  or  fermented  liquors  in 
quantities  less  than  one  gallon;  or  who,  by  himself,  his  agent  or 
servant,  shall  sell,  give  away,  or  in  any  manner  deal  in  any  vinous, 
spirituous,  ardent  or  fermented  liquors  in  less  quantity  than  one 
gallon,  without  having  first  obtained  a  license  authorizing  him  so  to 
do,  in  pursuance  of  this  article,  shall,  for  each  offense,  forfeit  and 
pay  to  said  city  a  sum  not  iess  than  ten  dollars  nor  more  than  one 
hundred  dollars:  Provided,  That  druggists  or  persons  whose  chief 
business  it  is  to  sell  drugs  and  medicines,  shall  not  be  deemed  to  be 
within  the  provisions  of  this  article,  in  selling  any  of  said  liquors 
in  quantities  less  than  one  gallon,  for  purposes  purely  mechanical, 
medicinal  or  sacramental. 

Sec.  5.  It  shall  not  be  lawful  for  any  person  holding  any  license 
issued  pursuant  to  the  provisions  of  this  article,  either  by  himself 
or  herself,  or  his  or  her  agent  or  servant,  to  sell,  give  or  furnish,  or 


118 


ORDINANCES. 


cause  or  suffer  to  be  sold,  given  or  furnished,  upon  his  or  her 
premises,  any  spirituous,  vinous,  fermented,  or  intoxicating  liquor, 
or  any  ale,  beer,  or  malt  liquor,  to  any  habitual  drunkard,  or  to  any 
person,  who  at  such  time  is  in  an  intoxicated  condition. 

Sec.  G.  Whenever  it  shall,  in  the  opinion  of  the  Mayor  or  City; 
Council  of  this  city,  be  for  the  public  welfare  so  to  do,  it  shall  be 
lawful  for  said  Mayor  or  City  Council  to  serve,  or  cause  to  be  served, 
upon  any  or  all  persons  holding  licenses  for  the  sale  of  spirituous  or 
malt  liquors,  issued  pursuant  to  this  article,  a  notice  in  writing 
signed  by  said  Mayor,  or  by  any  two  members  of  said  City  Council, 
forbidding  the  holder  of  such  license  from  selling,  giving  or  furnish¬ 
ing,  to\he  person  named  in  such  notice,  any  liquor  of  any  kind, 
during  the  continuance  of  such  license,  and  from  and  after  the 
service  of  such  written  notice,  it  shall  not  be  lawful  for  the  holder 
of  such  license  during  the  continuance  of  the  same,  either  by  him¬ 
self  or  herself,  or  by  his  or  her  agent  or  servant,  to  give,  sell  or 
furnish,  any  spirituous  or  intoxicating  liquor  of  any  kind,  or  any 
ale,  beer,  or  malt  liquor,  to  the  person  named  in  such  notice,  or  to 
any  other  person,  knowing  it  to  be  for  the  use  of  the  person  named 
in  such  notice,  or  knowingly  suffer  or  allow  the  person  named  in 
such  notice  to  procure,  in  any  manner,  any  such  liquor,  ale  or  beer, 
from  the  premises  of  such  holder  of  said  license.  5 

Sec.  7.  Any  person  who  shall  violate  any  of  the  provisions  of 
either  of  the  two  foregoing  sections,  shall,  on  conviction,  be  fined  in 
a  sum  not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars 
for  each  offense,  and  shall,  in  addition  to  such  fine,  forfeit  all 
privileges  under  his  or  her  said  license,  and  the  same  may  be 
revoked  by  the  Mayor  or  City  Council. 

Sec.  8.  If  any  person  holding  any  license  issued  pursuant  to 
the  provisions  of  this  article,  shall  sell,  give  or  furnish,  either  by 
himself,  herself,  or  his  or  her  agent,  any  spirituous  or  malt  liquors 
in  quantities  less  than  one  gallon,  to  any  minor,  without  consent  or 
order  of  the  parent  or  guardian  of  such  minor,  such  person  so  offend¬ 
ing  shall,  on  conviction,  be  fined  in  a  sum  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  each  offense. 


MISDEMEANORS. 


119 


CHAPTER  XV. 


MISDEMEANORS. 


An  Ordinance  concerning  offenses  i.n  the  nature  of  misdemeanors.* 

ARTICLE  I.  OFFENSES  AGAINST  GOOD  MORALS,  AND  PUBLIC  WELFARE. 
“  It.  OFFENSES  AFFECTING  PUBLIC  SAFETY. 

“  III.  OFFENSES  AFFECTING  PUBLIC  PEACE  AND  QUIET. 

“  IV.  OFFENSES  AFFECTING  STIIEE  l'S  AND  PUBLIC  PROPERTY. 


ARTICLE  I. 


OFFENSES  AGAINST  GOOD  MORALS,  AND  PUBLIC 
WELFARE. 


Section  Section 


1.  Tippling  houses  not  to  be  opened  and 

liquors  not  to  be  sold  on  the  Sab¬ 
bath. 

2.  Billiards,  games  etc.,  not  to  be  play¬ 

ed  on  the  Sabbath;  fishing  on  the 
Sabbath  prohibited. 

3.  Bathing  in  t lie  Pecatonica  river  in 

certain  plai  es  prohibited. 

4.  Indecent  exhibitions  of  horses  pro¬ 

hibited. 

5.  Houses  of  ill  fame,  etc.,  prohibited. 
0.  Indecent  exposure  and  conduct,  lewd 

books,  etc.,  prohibited. 

7.  Cruelty  to  animals,  how  punished. 


8.  Intoxication  and  drunkenness  pro¬ 

hibited;  intoxicated  persons  to  be 
arrested,  and  how  punished. 

9.  Gaming,  how  punished. 

10  Keepers  of  gaming  houses  and  dis¬ 
orderly  bouses  how  punished. 

11.  Mayor,  Aldermen  and  Police  officers 

authorized  to  enter  houses  of  ill- 
fame,  gaming  houses,  etc.,  p  nalty 
for  resisting  officers  acting  under 
this  section. 

12.  Gift  sales  proli  ibited. 

13.  1 2 3 4 5 * 7  eddling  on  railroad  cars  prohibited. 

14.  Vagrancy,  how  punished. 


Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  if  any  person  .shall  keep  open  any  tippling  house  on 
the .Sabbath  day  or  night,  or  shall  keep  open  any  bar  or  place  where 
intoxicating  drinks  or  spirituous  liquors  are  or  may  be  kept,  or  shall 
sell  or  offer  to  sell  or  retail  any  intoxicating  drinks  or  spirituous 
liquors  on  the  Sabbath  day  or  night,  or  shall  keep  a  common,  ill- 
governed  or  disorderly  house,  every  such  person  shall,  on  conviction 
thereof,  be  fined  in  a  sum  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 


*  Original  Ordinance  passed  May  1(1, 1.S55,  and  amended  by  revisions  of  1857  and 
1858. 


120 


ORDINANCES. 


Sec.  2.  If  any  person  within  this  city  shall,  on  the  Sabbath 
day  or  night,  play  at  billiards,  bagatelle  or  ten  pins,  or  shall  on  that 
day  or  night,  play  at  any  game  or  amusement  in  any  highway, 
street,  alley,  public  ground  or  other  public  place,  or  shall  on  that 
day  angle  or  tish  in  the  Pecatonica  river  by  means  of  hook  and  line, 
seine  or  other  manner,  every  such  person  shall,  on  conviction,  be 
fined  in  a  sum  not  exceeding  one  hundred  dollars  and  not  less  than 
ten  dollars. 

Sec.  3.  If  any  person  shall  swim  or  bathe  in  the  Pecatonica 
river  at  any  point  or  place  between  the  bridge  across  said  river  at 
the  terminus  of  Wisconsin  street  and  a  line  across  said  river  opposite 
the  terminus  of  Kickapoo  street,  every  such  person  shall,  on  con¬ 
viction,  be  fined  in  a  sum  not  less  than  one  dollar  nor  more  than 
twenty  dollars. 

Sec.  4.  No  person  or  persons  shall  indecently  exhibit  any  stud 
horse,  or  let  any  such  horse  to  any  mare  or  mares  within  the  limits 
of  this  city,  unless  in  some  enclosed  place,  out  of  public  view.  Any 
person  or  persons  guilty  of  so  exhibiting  any  stud  horse,  or  of  letting 
any  stud  horse  to  any  mare  or  mares,  unless  out  of  public  view,  as 
aforesaid,  shall,  on  conviction,  be  fined  in  a  sum  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars. 

Sec.  5.  Any  person  who  shall  be  guilty  of  keeping  or  maintain¬ 
ing,  or  shall  be  an  inmate  of,  or  in  any  way  connected  with,  or  in 
any  way  contribute  to  the  support  of,  or  be  found  staying  at  any 
house  of  ill-fame,  or  knowingly  own  or  be  interested  as  proprietor 
or  landlord  of  any  such  house,  shall,  on  conviction,  be  lined  in  a  sum 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  and  in 
the  further  sum  of  ten  dollars  for  every  twenty-four  hours  the  said 
house  shall  be  continued  after  the  first  conviction,  or  after  any  such 
person  shall  be  ordered  by  any  member  of  the  City  Council,  the 
City  Marshal,  or  any  Police  officer,  to  restrain,  suppress  or  discontinue 
the  same. 

Sec.  0.  If  any  person  shall  appear  in  any  public  place  within 
this  city  in  a  state  of  nudity,  or  in  a  dress  not  belonging  to  his  or 
her  sex,  or  in  an  indecent  or  lewd  dress,  or  shall  make  any  indecent 
exposure  of  his  or  her  person,  or  be  guilty  of  any  lewd  or  indecent 
act  or  behavior,  or  shall  exhibit,  sell  or  offer  to  sell  any  indecent  or 
lewd  book,  picture  or  other  thing,  or  shall  exhibit  or  perform  any 
indecent,  immoral  or  lewd  play  or  other  representation,  every  such 
person,  on  conviction,  shall  be  fined  in  a  sum  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

Sec.  7.  If  any  person  shall  inhumanly,  unnecessarily  or  cruelly 
beat,  injure  or  otherwise  abuse  any  dumb  animal,  every  such  person 
shall,  on  conviction,  be  fined  in  a  sum  not  less  than  five  dollars  nor 
more  than  fifty  dollars. 


MISDEMEANORS 


121 


Sec.  8.  If  any  person  shall  be  drunk,  or  shall  be  in  a  state  of 
intoxication  in  any  highway,  street,  thoroughfare  or  other  public 
place  within  this  city  ;  or  in  any  private  house  or  place  to  the  annoy¬ 
ance  of  any  citizen  or  person,  every  such  person  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  in  a  sum 
not  exceeding  twenty-five  dollars,  and  not  less  than  one  dollar  ;  and 
the  City  Marshal  and  all  Police  officers  of  said  city  are  hereby 
authorized  and  empowered,  and  it  is  hereby  made  their  duty,  to 
arrest,  or  cause  to  be  arrested,  with  or  without  process,  any  person 
found  violating  the  provisions  of  this  section  and  commit  such  per¬ 
son  to  the  county  jail  until  sober,  at  which  time,  or  as  soon  there¬ 
after  as  may  be,  such  person  shall  be  taken  before  the  Police 
Magistrate  to  be  dealt  with  according  to  law. 

Sec.  9.  If  any  person  shall  set  up,  have  or  keep  any  keno  table, 
faro  bank,  shuffle  board,  bagatelle,  playing  cards,  or  any  other 
instrument,  device  or  thing  whatever,  whereon  or  with  which  any 
money,  liquor  or  other  article  shall  in  any  manner  be  played  for  ;  or 
if  any  person  shall  play  any  game  of  chance  for  money  or  other 
valuable  thing  ;  or  shall  play  for  money  or  other  valuable  thing  at 
any  game,  with  cards,  dice,  or  with  any  other  article,  device  or 
thing  whatever,  tvhich  may  be  used  for  the  purpose  of  playing  or 
betting  upon,  or  winning  or  losing  money  or  other  property,  or  shall 
bet  on  any  game  others  may  be  playing,  every  person  so  offending 
shall,  on  conviction,  be  fined  in  a  sum  not  less  than  ten  dollars  and 
not  exceeding  one  hundred  dollars. 

Sec.  10.  If  any  person  shall  keep  a  disorderly  or  gaming  house, 
or  shall  permit  or  suffer  any  faro  bank,  keno  table  or  other  instru¬ 
ment  or  device  whatever  used  for  playing  games  of  chance,  to  be  set 
up  and  used,  whereby  any  game  of  chance  shall  be  played  for  money 
or  other  article  of  value,  in  any  building  or  tenement  in  his  posses¬ 
sion  or  under  his  control,  every  such  person  shall,  on  conviction,  be 
fined  in  a  sum  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

Sec.  11.  If  the  owner  or  keeper  of,  or  any  person  within  any 
gambling  house  or  room,  any  disorderly  house,  or  house  of  ill-fame, 
within  this  city,  shall  refuse  to  permit  the  Mayor,  any  Alderman, 
the  City  Marshal  or  any  Police  officer  to  enter  the  same,  it  shall  be 
lawful  for  the  officers  in  this  section  before  named,  to  enter  the  same 
or  cause  the  same  to  be  entered  by  force,  by  breaking  the  doors  or 
otherwise,  and  to  arrest,  with  or  without  warrant,  all  suspicious  per¬ 
sons  found  therein.  Any  person  obstructing  or  resisting  the  Mayor, 
any  Alderman,  the  City  Marshal  or  any  Police  officer  in  the  per¬ 
formance  of  any  act  authorized  by  this  section,  shall  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars  and  not  less  than  ten  dollars. 

16 


122 


ORDINANCES. 


Sec.  12.*  It  shall  not  be  lawful  for  any  person  or  persons,  within 
said  city,  to  sell,  give  away,  or  dispose  of  in  any  manner  whatever, 
any  ticket,  figure,  number,  character,  envelope  or  device,  for,  in,  or 
relating  to  any  prize,  gift,  present,  gift  sale,  gift  enterprize,  gift  dis¬ 
tribution,  or  for  any  thing  of  the  like  name  or  nature,  where  money 
or  other  property  of  any  kind,  is  directly  or  indirectly  pledged, 
paid,  or  used  in  any  way,  for  any  share  or  chance  of  participation 
in  the  same,  or  where  any  number,  figure,  character,  device,  gift, 
present  or  donation  is  to  be  drawn,  disposed  of  or  received  by  any 
person,  in  any  maimer  whatever ;  and  any  person  convicted  of  a 
violation  of  this  section,  shall  be  fined  not  less  than  twenty-five  dol¬ 
lars  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  13.  It  shall  not  be  lawful  for  any  person  within  the  limits' 
of  this  city,  to  sell  or  offer  to  sell  by  peddling  or  hawking  on  any 
car  or  cars  of  any  railroad  company,  any  fruit,  cakes,  nuts,  candy  or 
any  other  thing  or  commodity  ;  and  any  person  convicted  of  such 
offense  shall  be  fined  in  a  sum  not  less  than  one  dollar,  nor  more 
than  twenty  dollars  for  each  offense. 

Sec.  14.  All  persons  in  this  city  who,  being  able  to  support 
themselves  in  any  honest  employment,  and  not  having  visible  means 
to  maintain  themselves,  shall  be  found  loitering  about  saloons,  places 
where  liquor  is  sold,  billiard  rooms,  houses  of  ill-fame,  or  any  dis¬ 
reputable  places,  or  who  shall  lead  an  idle  immoral  or  profligate 
course  of  life,  or  who  shall  be  found  wandering  about  in  said  city, 
begging  or  soliciting  alms,  not  having  a  fixed  place  of  abode,  shall 
be  deemed  vagrants,  and  shall,  on  conviction,  be  fined  in  a  sum  not 
less  than  one  dollar  nor  more  than  fifty  dollars  for  each  offense. 


*  Sec.  12,  originally  passed  January  13,  I860,  amended  by  revision. 


MISDEMEANORS. 


123 


ARTICLE  II.  OFFENSES  AFFECTING  PUBLIC  SAFETY. 

Section  Section 

1.  Firearms,  crackers,*  squibs,  etc.,  not  6.  Draymen,  etc.,  to  chain  wheels  Of 

to  be  discharged.  carts,  etc.,  when. 

2.  Immoderate  driving  prohibited ;  ofR-  7.  Sports  likely  to  scare  horses  forbid- 

cerstostop.  den. 

3.  Poisons  sold,  to  be  marked.  8.  Vehicles  meeting,  to  turn  to  the  right 

4.  Scaffolds  howto  be  constructed,  when  9.  Cellar  doors,  etc.,  on  sidewalks  and 

a  nuisance.  streets  not  to  be  left  open;  sidewalks 

5.  Horses  not  to  stand  unfastened.  not  to  remain  in  unsafe  condition. 

10.  Missiles  not  to  be  thrown. 

Section  1.  And  be  it  further  ordained ,  That  if  any  person  shall 
within  this  city,  lire  or  discharge  any  cannon,  gun,  fowling  piece, 
pistol,  or  fire  arms  of  any  description,  or  fire,  explode  or  set  off  any 
squib,  cracker  or  other  thing  containing  powder  or  other  combustible 
or  explosive  material,  without  permission  from  the  City  Council  or 
written  permission  from  the  Mayor,  (which  permission  shall  limit 
the  time  of  such  firing,  and  Shall  be  subject  to  be  revoked  by  the 
Mayor  or  City  Council  at  any  time  after  the  same  has  been  granted) 
every  such  person  shall,  on  conviction,  be  fined  in  a  sum  not  less 
than  one  dollar  and  not  exceeding  ten  dollars. 

Sec.  2.  If  any  person  shall  immoderately  ride  or  drive  any 
horse  in  any  avenue,  street,  alley  or  lane  within  the  limits  of  this 
city,  every  such  person  shall,  on  conviction,  be  fined  in  a  sum  not 
less  than  one  dollar  nor  more  than  ten  dollars.  And  it  is  hereby 
made  the  duty  of  the  City  Marshal  and  all  Police  officers,  and  it 
shall  be  lawful  for  any  citizen,  to  stop  any  person  who  may  be 
immoderately  riding  or  driving  as  aforesaid. 

Sec  3.  If  any  person  shall  vend,  give  or  deliver,  within  this 
city,  any  deadly  poison,  knowing  the  same  to  be  such,  without 
marking  the  same  in  legible  characters  “  poison,”  every  such  person 
shall,  on  conviction,  be  fined  in  a  sum  not  exceeding  five  dollars. 

Sec.  4.  All  scaffolds  erected  in  this  city  for  use  in  the  erection 
of  stone,  brick  or  other  buildings,  shall  be  well  and  safely  supported 
and  of  sufficient  width  and  properly  secured,  so  as  to  insure  the 
safety  of  persons  working  thereon,  or  passing  under  or  by  the  same, 
against  the  falling  thereof,  or  of  such  materials  as  may  be  used, 
placed  or  deposited  thereon.  Any  scaffold  which  may  be  otherwise 
erected  shall  be  deemed  a  nuisance ;  and  any  person  who  shall  erect 
or  use,  or  cause  to  be  erected  or  used,  any  scaffold  contrary  to  the 
provisions  hereof,  shall  be  subject  to  a  fine  of  not  less  than  two  dol¬ 
lars  and  not  exceeding  one  hundred  dollars,  and  to  a  like  fine  for 
every  day  the  same  shall  remain  after  notice  to  remove. 


124 


ORDINANCES. 


Sec.  5.  If  any  person  shall  leave  any  horse,  horses  or  other 
animals  attached  to  any  carriage,  wagon,  cart,  sleigh,  sled  or  other 
vehicle,  in  any  street,  avenue,  alley  or  lane  within  this  city,  without 
securely  fastening  such  horse,  horses  or  other  animals,  every  such 
person,  on  conviction,  shall  forfeit  and  pay  to  said  city  a  sum  not 
less  than  one  dollar  nor  more  than  ten  dollars. 

Sec.  G.  Every  truckman,  drayman,  or  cartman  shall  have  a 
strong  chain  attached  to  the  body  of  his  truck*,  dray  or  cart,  which 
shall  be  made  fast  to  one  of  the  wheels  whenever  the  horse  in  such 
dray,  truck  or  cart  shall  be  left  standing  alone  in  any  street,  avenue, 
alley  or  lane  in  this  city,  under  a  penalty  of  one  dollar  for  each 
offense. 

Sec.  7.  Any  person  who  shall  use  any  sport  or  exercise  likely 
to  scare  horses,  injure  passengers,  or  embarrass  the  passage  of 
vehicles,  shall  forfeit  and  pay  to  said  city,  for  each  offense,  not  less 
than  one  dollar  nor  more  than  twenty  dollars. 

Sec.  8.  In  all  cases  of  persons  meeting  each  other  in  vehicles  in 
any  highway  or  thoroughfare,  or  upon  or  near  any  bridge  within 
this  city,  each  person  so  meeting  shall  in  all  cases  turn  off  and  go  to 
the  right  side  so  as  to  enable  each  vehicle  to  pass  without  accident. 
Whoever  shall  violate  this  section  shall  be  subject  to  a  fine  of  not 
less  than  one  dollar  nor  more  than  twenty-five  dollars. 

Sec.  9.  Any  person  who  shall  leave  or  keep  open  any  cellar 
door,  pit,  vault,  or  other  subterraneous  opening  on  any  highway  or 
sidewalk,  or  shall  suffer  the  same  to  be  left  or  kept  open,  or  to  be  in 
an  insecure  condition  so  that  passers-by  will  be  in  danger  of  falling 
into  such  cellar,  pit,  vault  or  other  subterraneous  opening,  or  who 
shall  suffer  any  sidewalk  in  front  of  the  premises  owned  or  occupied 
by  him  to  become  or  continue  so  broken  as  to  endanger  life  or  limb, 
shall,  on  conviction,  forfeit  and  pay  to  said  city  a  sum  not  less  than 
one  dollar  nor  more  than  one  hundred  dollars. 

Sec.  10.  No  person  shall  throw  any  stone  or  any  other  missiles 
upon  or  at  any  building,  tree,  or  other  public  or  private  property,  or 
upon  or  at  any  person  in  any  street,  public  place  or  inclosed  or  unin¬ 
closed  ground,  under  a  line,  for  each  offense,  of  not  less  than  one 
dollar  nor  more  than  twenty -five  dollars. 


MISDEMEANORS. 


125 


a 


ARTICLE  III.  OFFENSES  AFFECTING  PUBLIC  PEACE  AND  QUIET. 

Section  Section 

1.  Riots,  disturbances,  and  the  use  of  4.  Religious  worship  and  schools  not  to 

profane  and  obscene  language  pro-  be  molested. 

hibited.  5.  Disturbance  of  any  lawful  assem- 

2.  Two  or  more  persons  assembled  to  do  blage  prohibited. 

an  unlawful  act,  and  persons  present  6.  False  alarms  of  fire  how  punished. 

not  endeavoring  to  prevent  such  act,  7.  The  ringing  of  bells,  etc.,  to  attract 

how  punished.  people  to  auctions,  etc.,  prohibited. 

3.  Persons  not  to  collect  in  crowds  for  8.  Grocers  and  inn-keepers  not  to  suffer 

unlawful  purposes.  drunkenness  or  disorderly  conduct 

on  their  premises. 

Section  1.  And  be  it  further  ordained,  That  if  any  person  shall 
in  this  city  make,  aid,  countenance  or  assist  in  making  any  improper 
noise,  riot,  disturbance  or  breach  of  the  peace,  or  shall  use  profane, 
obscene  or  offensive  language,  calculated  to  provoke  a  breach  of  the 
peace,  every  such  person  shall,  on  conviction,  be  fined  in  a  sum  not 
less  than  one  dollar  nor  more  than  fifty  dollars. 

Sec.  2.  Any  two  or  more  persons  who  shall  assemble  together 
in  this  city,  with  an  intent  to  do  an  unlawful  act,  or  being  assembled, 
shall  mutually  agree  to  do  an  unlawful  act,  with  force  or  violence, 
against  the  property  of  this  city,  or  the  person  or  property  of  another, 
or  against  the  peace,  or  to  the  terror  of  others,  and  shall  make  any 
movement  or  preparation  therefor  ;  and  every  person  present  at 
such  meeting  or  assembly,  who  shall  not  endeavor  to  prevent  the 
commission  or  perpetration  of  such  unlawful  act,  shall,  on  convic¬ 
tion,  be  severally  fined  in  a  sum  not  less  than  two  dollars,  nor  more 
than  fifty  dollars  for  each  and  every  offense. 

Sec.  3.  All  persons  who  shall  collect  in  bodies  or  crowds  for 
unlawful  purposes,  or  for  any  purj)ose,  to  the  annoyance  or  disturb¬ 
ance  of  citizens  or  travelers,  shall  be  severally  subject  to  a  fine  of 
not  less  than  one  dollar  nor  exceeding  fifty  dollars. 

Sec.  4.  If  any  person  shall  disquiet  or  disturb  any  congregation 
or  assembly  met  for  religious  worship,  or  any  public  or  private 
school,  by  making  a  noise,  or  by  rude  and  indecent  behavior,  or 
profane  discourse  within  their  place  of  meeting,  or  so  near  the  same 
as  to  disturb  the  order  or  solemnity  thereof,  every  such  person  shall, 
on  conviction,  be  fined  in  a  sum  not  less  than  two  dollars  nor 
exceeding  fifty  dollars. 

'  Sec.  5.  If  any  person  shall  disturb  any  lawful  assemblage  of 
people,  by  rude  and  indecent  behavior  or  otherwise,  every  such  per¬ 
son  shall,  on  conviction,  be  fined  in  a  sum  not  exceeding  fifty 
dollars. 


126 


ORDINANCES 


Sec.  6.  If  any^person  shall  willfully  give  or  make,  or  cause  to 
be  given  or  made  a  false  alarm  of  fire,  every  such  person  shall,  on 
conviction,  be  fined  in  a  sum  not  exceeding  twenty-five  dollars. 

Sec.  7.  If  any  person  shall  employ  any  bellman,  or  use  or  cause 
to  be  used  any  bell,  horn  or  bugle,  or  other  sounding  instrument,  or 
shall  employ  any  loud  noise  or  offensive  device  or  performance  as  a 
means  of  attracting  people  to  an  auction,  or  for  any  purpose  whatso¬ 
ever,  every  such  person,  on  conviction,  shall  be  fined  in  a  sum  not 
less  than  one  dollar  nor  more  than  twenty-five  dollars. 

Sec.  8.  Any  grocer,  inn-keeper  or  other  person  who  shall  keep 
any  common,  ill-governed  or  disorderly  house,  or  who  shall  suffer 
any  drunkenness,  quarreling,  fighting,  unlawful  games,  or  riotous 
and  disorderly  conduct  whatever  on  his  premises,  shall  be  subject  to 
be  fined  in  a  sum  not  exceeding  fifty  dollars  and  not  less  than  five 
dollars;  and  if  licensed,  shall  be  subject,  on  conviction,  to  a  forfeit¬ 
ure  of  his  license,  to  be  entered  in  every  case  as  part  of  the 
judgment. 


ARTICLE  IV.  OFFENSES  AFFECTING  STREETS  AND  PUBLIC 

PROPERTY. 

Section  Section 

1.  Digging  holes  in  streets,  etc.,  forbid-  G.  Horses  not  to  be  fastened  to  shade 

den.  trees,  lamp  posts,  etc.;  punish- 

2.  Earth,  etc.,  not  to  be  removed  from  inept  for  injuring  shade  trees,  fences. 

streets,  etc.,  without  permission.  etc. 

3.  Persons  injuring  sidewalks,  pave-  7.  Persons  injuring  bridges,  engine 

ments,  etc.,  how  punished.  houses,  etc.,  how  punished. 

4.  Persons  constructing  or  repairing  8.  'Willful  injury  to  fences,  walls  and 

pavements,  etc.,  not  to  be  obstructed.  buildings ;  how  punished. 

5.  Contractors,  etc.,  making  excavation 

in  streets  to  fence  the  same  at  night. 

Section  1.  And  be  it  further  ordained,  That  if  any  person  or 
persons  shall  dig,  or  cause  to  be  dug,  any  hole,  drain  or  ditch  in  any 
street  or  alley  in  this  city  without  first  having  obtained  a  written 
permission  from  a  member  of  the  City  Council  or  the  Street  Com¬ 
missioner,  every  such  person,  on  conviction,  shall  forfeit  and  pay  to 
said  city  a  sum  not  less  than  one  dollar  nor  exceeding  twenty-five 
dollars.  *  « 

Sec.  2.  If  any  person  or  persons  shall,  without  having  first 
obtained  permission  from  the  Street  Commissioner  or  an  Alderman 
of  the  ward  in  which  the  same  may  be,  dig,  remove  or  carry  away? 


MISDEMEANORS. 


127 


or  cause  or  procure  the  same  to  be  done,  any  sod,  stone,  earth,  sand 
or  gravel,  from  any  street,  alley,  or  public  ground  in  this  city,  every 
such  person,  on  conviction,  shall  be  fined,  for  each  offense,  in  a  sum 
not  less  than  five  dollars  nor  more  than  twenty-five  dollars,  and 
every  load  or  parcel  removed  shall  be  deemed  a  separate  offense. 

Sec.  8.  If  any  person  shall  injure  or  tear  up  any  pavement,  side 
or  crosswalk,  drain  or  sewer,  or  any  part  thereof,  or  shall  dig  any 
hole,  ditch  or  drain  in  any  street,  pavement,  or  sidewalk,  or  cause 
the  same  to  be  done,  without  due  authority,  every  such  person  shall, 
on  conviction,  forfeit  and  pay  to  said  city  a  sum  not  less  than  one 
dollar  nor  more  than  fifty  dollars. 

Sec.  4.  If  any  person  shall  hinder  or  obstruct  the  making  or 
repairing  of  any  pavement,  side  or  crosswalk,  which  is  or  may  be  in 
course  of  construction  pursuant  to  any  ordinance,  resolution  or  order 
of  the  City  Council,  or  shall  hinder  or  obstruct  any  person  employed 
by  the  City  Council,  or  the  Street  Commissioner,  or  the  person 
employed  by  him,  in  making  or  repairing  any  public  improvement 
or  work  ordered  by  the  City  Council,  every  such  person  shall,  on 
conviction,  be  fined  for  each  offense  in  a  sum  not  less  than  ten  dollars 
nor  exceeding  fifty  dollars. 

Sec.  5.  No  city  officer,  contractor,  or  other  person  in  this  city, 
shall  make  any  excavation,  or  dig  any  hole,  drain  or  ditch  in  any 
highway  or  thoroughfare  without  providing  during  the  night  a 
temporary  fence  or  suitable  obstruction  around  or  in  front  of  the 
same,  in  order  to  prevent  persons,  animals,  or  vehicles  from  falling 
into  the  same;  and  every  person  offending  against  the  provisions  of 
this  section  shall  forfeit  and  pay  to  said  city,  for  each  and  every 
offense,  a  sum  not  less  than  two  dollars  nor  more  than  fifty  dollars. 

Sec.  6.  If  any  person  shall  hitch  or  fasten  any  horse  or  other 
animal  to  any  ornamental  fence  or  railing,  or  to  any  ornamental  or 
shade  tree,  or  to  any  lamp  post,  or  shall  injure  or  destroy  any  orna¬ 
mental  or  shade  tree,  shrub,  lamp  post,  fence  or  railing,  in  or  upon 
any  public  ground,  street,  alley,  or  other  public  place,  or  upon  any 
private  premises,  every  such  person  shall,  on  conviction,  be  fined 
in  a  sum  not  less  than  two  dollars  nor  exceeding  one  hundred 
dollars. 

Sec.  7.  If  any  person  shall  injure  or  destroy,  or  assist  in  injur¬ 
ing  or  destroying,  any  bridge  or  its  appurtenances,  or  any  fire  engine 
house,  or  other  public  building  or  property  belonging  to  the  city, 
every  such  person  shall,  on  conviction,  be  fined  in  a  sum  not  exceed¬ 
ing  five  hundred  dollars,  and  shall  be  subject  to  the  payment  of  all 
damages. 

Sec.  8.*  If  any  person  shall  willfully,  or  maliciously,  in  any 
way  cut,  deface,  damage  or  mark,  by  writing  or  otherwise,  any  fence 


*  Sec.  8.  originally  passed  September  19, 1805,  amended  by  revision. 


128 


ORDINANCES. 


or  wall  enclosing  either  public  or  private  property ;  or  shall  willfully 
or  maliciously  cut,  damage,  or  deface,  or  in  any  way  injure  any 
bridge,  or  any  part  thereof,  or  any  inside  or  outside  wall  of  any 
building,  either  public  or  private  in  this  city;  or  shall  willfully  or 
maliciously,  cut,  mark,  mar,  or  damage  in  any  way,  any  pew,  seat, 
desk,  table,  chair,  or  any  of  the  furniture  or  fixtures  in,  or  belong¬ 
ing  to  any  building,  house  or  place,  either  public  or  private,  in  this 
city,  every  such  person,  not  having  at  the  time  the  legal  right  to  do 
the  same,  shall,  on  conviction,  be  fined  in  a  sum  not  less  than  three 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 


NUISANCES. 


129 


CHAPTER  XVI. 


NUISANCES. 


An  ordinance  concerning  nuisances.* 


ARTICLE  I. 
“  II. 
“  III. 


NUISANCES  GENERALLY. 

OF  MARKETS.  SLAUGHTER  HOUSES,  ETC. 

OF  HORSES,  HOGS,  ETC..  RUNNING  AT  LARGE. 


ARTICLE  I.  NUISANCES  GENERALLY. 


Section  Section 

1.  The  keeping  of  h  >gs,  w  lea  a  nui-  iO.  H  nv  privies  shall  be  constructed  ; 


sance :  the  author  of,  how  pun¬ 
ished. 

2.  Hand-bills  posted  in  certain  cases 

deemed  a  nuisance ;  offense  how 
punished. 

3.  Cellars,  vaults,  etc.,  not  to  be  suffered 

to  become  offensive  ;  penalty. 

4.  Distillers,  etc.,  not  to  discharge  nau¬ 
seous  substance  into  streets,  etc. 

5.  Penalty  for  keeping  premises  in  of¬ 

fensive  condition. 

6.  Putrid  substance  to  be  kept  and 
used,  etc. 

7.  Soap  factories,  etc.,  not  to  be  allowed 

to  become  nauseous. 

8.  Dead  animals  not  to  be  suffered  to 
remain  in  the  city,  etc. 

!*.  Persons  not  to  throw  offensive  mat¬ 
ter  in  the  streets,  etc.,  nor  allow 
filth  to  remain  on  or  in  front  of 
premises. 


penalty  for  violation. 

11.  Stables,  hog  pens  or  privies  not  to 
be  located  within  ten  feet  of 
“branch;”  penalty. 

12.  No  filth  to  be  thrown  into  the 
“  branch  penalty. 

13.  Officers  to  abate  nuisances,  may  en¬ 

ter  stores  and  dwellings,  to  drain 
s-tagnant  water,  etc. 

14.  Officers  to  notify  owners  to  abate 
nuisances ;  notice  how  served,  to 
contain  what;  penalty  for  refusal 
to  abate  nuisance ;  officer  when  to 
abate  nuisance;  expenses  of  abating 
nuisance  to  be  reported  to  the  City 
Council,  etc.;  the  same  how  collected. 

15.  Expenses  for  abating  nuisances, 
when  not  chargeable  to  owner  of 
real  estate,  how  collected. 

16.  Mayor  when  to  abate  nuisances 
summarily. 


Sec.  1.  Be  it  ordained  by  the  City  Council,  of  the  city  of  Free¬ 
port ,  That  any  pen,  place  or  premises  in  or  upon  which  more  than 
ten  hogs,  shoats  and  pigs  shall  be  confined  or  kept  at  any  one  time  ; 


*  Original  Ordinance  passed  April  17, 1855,  and  amended.by  revisions  of  1857  and 
1868. 


17 


130 


ORDINANCES. 


ancl  any  pen,  place  or  premises  in  which  a  less  number  of  hogs, 
shoals  and  pigs  than  ten  shall  be  so  kept  as  to  be  offensive  or  an  an¬ 
noyance  to  any  person,  are  hereby  severally  defined  and  declared 
to  be  nuisances;  and  any  person  who  shall  own  or  keep  or  use  any 
pen  or  pens,  place  or  premises  in  either  case  so  as  to  be  a  nuisance 
under  the  provisions  of  this  section,  shall  be  deemed  the  author  of 
such  nuisance,  and,  on  conviction,  shall  be  fined  in  a  sum  not  less 
than  two  dollars  and  not  more  than  twenty-five  dollars,  and  in  the 
sum  of  three  dollars  for  every  day  he  shall  fail  or  refuse  to  abate 
such  nuisance  after  being  notified  by  any  city  officer  to  abate  the 
same. 

Sec.  2.  Any  hand-bill  or  placard  of  any  description  which  shall 
be  stuck  or  posted  upon  any  public  or  private  house,  store  or  other 
building,  or  upon  any  fence  or  other  premises,  without  permission 
from  the  owner  or  occupant  of  the  same,  is  hereby  defined  and  de¬ 
clared  to  be  a  nuisance  ;  and  any  person  who  shall  post  or  stick  or 
shall  aid  or  assist  in  posting  or  sticking  any  hand-bill  or  placard  so 
as  to  be  a  nuisance  within  the  meaning  of  this  section,  shall  be 
deemed  to  be  the  author  of  such  nuisance,  and,  on  conviction  shall 
be  fined  in  a  sum  not  less  than  one  dollar  and  not  more  than  fifteen 
dollars. 

Sec.  3.  If  any  person  shall  suffer  or  permit  any  cellar,  vault, 
private  drain,  pool,  privy,  sewer  or  grounds  upon  any  premises  be¬ 
longing  to  or  occupied  by  him  to  become  nauseous,  foul,  offensive 
or  injurious  to  the  public  health,  he  shall  be  subject  to  a  fine  of  not 
less  than  five  dollars,  and  not  exceeding  fifty  dollars  in  every  case, 
and  to  a  like  fine  for  every  forty-eight  hours  the  same  shall  con¬ 
tinue  after  notice,  given  by  any  city  officer  or  any  one  interested,  to 
remove  and  abate  such  nuisance. 

Sec.  4.  Any  distiller,  tanner,  brewer,  soap  boiler,  tallow  chand¬ 
ler,  livery  stable  keeper,  inn-keeper,  or  other  person,  who  shall, 
by  himself  or  by  another,  discharge  out  of,  or  permit  to  flow  from, 
any  still  house,  work-shop,  manufactory,  livery  stable,  or  other 
house  or  place,  any  foul  or  nauseous  liquor,  or  substances  of  any  kind 
whatever,  into  or  upon  any  adjacent  ground  or  lot,  or  into  any  street, 

*  alley  or  any  other  public  place,  shall,  on  conviction,  be  fined  in  a 
sum  not  less  than  three  dollars,  and  not  more  than  fifty  dollars,  and 
in  the  further  sum  of  five  dollars  for  every  twenty-four  hours  such 
nuisance  shall  continue  after  notice  to  abate  the  same. 

Sec.  5.  If  any  person  shall  own,  occupy,  or  keep  any  grounds  or 
other  premises  in  such  condition  as  to  be  offensive  and  a  nuisance, 
such  person,  on  conviction,  shall  be  fined  in  a  sum  not  less  than 
three  dollars,  nor  more  than  fifty  dollars,  and  in  a  like  sum  for 
every  twenty-four  hours  such  nuisance  shall  continue  after  notice  to 
abate  the  same. 


NUISANCES. 


131 


Sec.  6.  Any  soap  boiler,  tallow  chandler,  or  other  person  who 
shall  keep,  collect,  or  use,  or  cause  to  be  kept  or  used,  any  stale,  pu¬ 
trid,  or  stinking  fat,  grease,  or  other  matter,  shall  be  subject  to  a 
penalty  of  not  less  than  two  dollars  nor  more  than  twenty-five  dol¬ 
lars  for  each  offense. 

Sec.  7.  Any  owner  or  occupant  of  any  tallow  chandler’s  shop, 
soap  factory,  tannery,  distillery,  brewery,  livery  stable,  or  barn, 
who  shall  suffer  the  same  to  become  nauseous,  foul  or  offensive, 
shall,  on  conviction,  be  fined  in  a  sum  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars  in  every  case. 

Sec.  8.  If  any  person  shall  allow  or  suffer  any  horse,  ox,  or 
other  animal  belonging  to  him  or  in  his  charge,  which  may  come  to 
its  death  in  any  manner,  to  lie  in  or  upon  any  street,  alley,  or  other 
ground  or  place,  public  or  private,  every  such  person  shall,  on  con¬ 
viction,  be  fined,  for  each  offense,  in  a  sum  not  less  than  two  dollars 
nor  more  than  ten  dollars. 

Sec.  9.  If  any  person  shall  hereafter  throw,  place,  or  conduct,  or 
suffer  his  or  her  servant,  child  or  family  to  throw,  place  or  conduct, 
into  any  street,  alley  or  lot,  any  putrid  or  unsound  beef,  pork,  fish, 
hides  or  skins  of  any  kind,  or  any  filth,  offal,  dung,  dead  animal, 
vegetables,  oyster  shells,  or  other  unsound  or  offensive  matter 
whatever,  or  anything  likely  to  become  offensive,  or  shall  allow  such 
filth,  offal,  dung,  or  other  offensive  matter  as  aforesaid  to  be  or  re¬ 
main  upon  his  premises,  or  in  any  out  house,  stable,  privy  or  other 
place  owned  or  occupied  by  him,  or  any  alley  or  street  in  rear  or  in 
front  of  such  premises,  in  such  manner  as  to  be  offensive,  every 
such  person  shall  be  deemed  the  author  of  a  nuisance,  and,  on  con¬ 
viction,  shall  be  fined  in  a  sum  not  less  than  two  dollars,  and  not 
more  than  fifty  dollars,  for  each  offense. 

Sec.  10.  No  privy,  or  building  to  be  used  as  a  privy,  shall  be 
constructed  within  this  oity,  and  no  such  building  heretofore  con¬ 
structed,  shall  be  removed  from  its  present  location,  to  another 
within  this  city,  unless  the  same  be  placed  over  a  vault,  not  less  than 
five  feet  deep  under  ground,  walled  up  with  brick  or  stone,  or  cur¬ 
bed  with  plank,  not  less  than  two  inches  thick  ;  and  any  person 
who  shall  own  or  erect,  or  aid  in  the  erection  of,  or  cause  to  be  erect¬ 
ed  within  this  city,  or  shall  permit  any  such  building  or  privy  to  be 
used  for  such  purpose  on  any  ground  owned  or  occupied  by  such 
person,  contrary  to  the  provisions  of  this  section,  shall  be  deemed 
the  author  of  a  nuisance,  and,  on  conviction,  shall  be  subject  to 
a.fine  of  not  less  than  five  dollars,  nor  more  than  fifty  dollars  for 
each  offense,  and  in  alike  fine  for  every  forty-eight  hours  after  notice, 
that  the  same  remains  unabated. 

Sec.  11.  No  stable,  hog  or  pig  pen,  or  privy  or  structure,  or  other 
building,  to  be  used  as  a  stable,  hog  pen  or  privy,  shall  be  erected 
within  a  distance  of  ten  feet  from  either  bank  of  the  small  stream 


132 


ORDINANCES. 


known  as  “4 the  branch  ”  running  through  the  second  and 
third  wards  of  this  city  ;  and  no  such  structure  or  building  now 
existing,  or  hereafter  constructed,  shall  be  removed  unless 
the  same  shall  be  removed  to  a  location  more  than  ten  feet 
distant  from  said  branch,  and  any  building  or  structure 
erected,  built  or  removed  contrary  to  the  provisions  of  this  sec- 
ton,  is  hereby  declared  and  defined  to  be  a  nuisance  ;  and  any  per¬ 
son  who  shall  erect,  construct  or  remove,  or  cause  or  suffer  to  be 
erected,  constructed  or  removed,  on  any  premises  owned  or  occu¬ 
pied  by  such  person,  any  such  structure  or  building  in  violation  of 
the  provisions  of  this  section  shall  be  deemed  the  author  of  such  nui¬ 
sance,  and,  on  conviction,  shall  be  fined  in  a  sum  not  less  than  five 
dollars,  nor  more  than  fifty  dollars,  and  in  the  additional  sum  of  five 
dollars  for  every  day  after  conviction  that  he  or  she  shall  fail  to 
abate  such  nuisance. 

Sec.  12.  If  any  person  shall  throw  or  place,  or  cause  or  suffer  his 
or  her  servant,  child  or  any  member  of  his  or  her  family,  to  throw  or 
place  any  decaying  vegetables,  garbage,  putrid  meat,  dead  animal, 
offal,  dung  or  any  oth^r  filth  or  any  other  offensive  matter  into 
said  “  branch”  mentioned  in  the  foregoing  section,  or  shall  suffer 
such  filth  or  offensive  matter  to  remain  in  said  branch  on  his  or  her 
premises  for  twenty-four  hours  after  being  notified  by  the  Mayor 
or  City  Marshal  to  remove  the  same,  such  person  shall  be  deemed 
to  be  the  author  of  a  nuisance,  and, on  conviction,  shall  be  lined  in  a 
sum  not  less  than  one  dollar,  nor  more  than  twenty-five  dollars  for 
each  offense. 

Sec.  13.  For  the  purpose  of  carrying  the  foregoing  provisions 
into  effect,  it  shall  be  the  duty  of  the  Street  Commissioner, City  Mar¬ 
shal,  and  such  other  officers  as  may  be  directed  or  deputed  by  the 
City  Council  or  Mayor,  from  time  to  time,  to  ascertain  and  cause 
all  nuisances  declared  to  be  such  by  this  ordinance,  to  be  abated, 
and  each  and  all  of  said  officers  shall  have  power  at  all  times  be¬ 
tween  the  rising  and  the  setting  of  the  sun,  to  enter  into  any  store, 
house,  stable,  or  any  building,  and  to  cause  the  floors  to  be  raised 
if  he  or  they  shall  deem  it  necessary,  in  order  to  a  thorough 
examination  of  cellars,  vaults  sinks,  or  drains ;  to  enter  upon  all 
lots  or  grounds,  and  to  cause  all  stagnant  waters  to  be  drained  off, 
and  pools,  sinks,  vaults,  or  low  grounds  to  be  cleansed,  filled  up,  or 
otherwise  improved  or  amended  ;  to  cause  all  privies  to  be  clean¬ 
sed  and  kept  in  good  condition,  and  to  cause  all  dead  animals 
and  other  nauseous  substances  to  be  buried,  or  removed  beyond  the 
limits  of  the  city. 

Sec.  14.  In  order  to  the  carrrying  out  of  the  provisions  of  the 
foregoing  section  it  shall  be  the  duty  of  the  Street  Commissioner, 
City  Marshal,  or  such  other  officer  as  may  be  directed  by  the  City 
Council  or  Mayor  to  serve  a  notice  in  writing  upon  the  owner,  occu- 


NUISANCES.  133 


pant  or  agent  of  any  lot,  building  or  premises  in  or  upon  which  any 
nuisance  may  be  found,  or  upon  him  who  may  be  the  owner  or 
cause  of  any  such  nuisance,  requiring  him  to  abate  the  same  in  such 
manner  as  the  officer  serving  such  notice  shall  prescribe  within  a 
reasonable  time :  Provided,  That  it  shall  not  be  necessary  in  any 
case  for  such  officer  to  specify  in  his  notice  the  manner  in  which 
any  nuisance  shall  be  abated,  unless  he  shall  deem  it  advisable 
so  to  do,  and  if  such  owner,  occupant  or  agent  shall  neglect 
or  refuse  to  comply  with  the  requirements  of  such  order, 
within  the  time  specified,  he  shall  be  subject  to  a  fine  of 
not  less  than  two  dollars  nor  more  than  fifty  dollars  for  every  such 
violation.  And  it  shall  be  the  duty  of  said  officer  to  proceed  at 
once,  upon  the  expiration  of  the  time  specified  in  said  notice,  to 
cause  such  nuisance  to  be  abated  :  Provided ,  That  whenever  the 
owner,  occupant  or  agent  of  any  premises  in  or  upon  which  any 
nuisance  may  be  found, is  unknown  or  cannot  be  found,  the  said  offi¬ 
cer  shall  proceed  to  abate  the  same  without  notice.  Whenever  any 
nuisance  shall  be  found  on  any  premises  and  abated,  under  the  pro¬ 
visions  of  this  or  any  other  ordinance,  at  the  expense  of  the  city 
after  notice  to  the  owner  or  occupant  of  the  premises,  when  known 
and  can  be  found,  to  abate  the  same  in  accordance  therewith,  it 
shall  be  the  duty  of  the  officer  to  report  in  writing  to  the  City  Coun¬ 
cil  the  amount  of  such  expenses,  and  a  description  of  the  premises 
in  or  upon  which  the  same  may  be  found,  the  name  of  the  owner  or 
occupant  of  such  premises  when  known,  and  the  manner  of  service 
of  said  notice,  and  thereupon  suit  shall  be  instituted  in  the  name  of 
the  city  against  the  owner  or  occupant  of  such  premises  for  the  re¬ 
covery  of  the  expenses  incurred  in  abating  such  nuisance  as  in  the 
case  of  moneys  expended  to  his  use  at  his  request :  Provided,  how¬ 
ever,  That  if  the  City  Council  so  direct,  said  expenses  shall  be  assess¬ 
ed  upon  the  premises  chargeable  therewith,  and  collected  by  war¬ 
rant  and  sale  of  the  premises. 

Sec.  15.  In  all  cases  arising  under  this  or  any  other  ordinance, 
where  the  expense  of  removing  any  nuisance  cannot  be  made 
chargeable  to  any  real  estate,  or  the  owner  of  any  real  state,  notice 
may  be  given  to  the  author  of  such  nuisance,  when  known,  to  abate 
the  same  in  the  manner  required  by  the  foregoing  section.  And  in 
case  of  his  neglect  or  refusal  to  abate  the  same  in  accordance  with  such 
notice,  it  shall  be  the  duty  of  the  officer  serving  said  notice,  to  cause 
such  nuisance  to  be  abated,  and  report  the  expenses  thereof  to  the 
City  Council  for  collection  as  provided  in  the  foregoing  section. 

Sec.  16.  Whenever  any  nuisance  whatever  shall  be  found  on  any 
premises  or  elsewhere  within  this  city  contrary  to  any  ordinance, 
the  Mayor,  in  his  discretion,  is  hereby  authorized  to  cause  the  same 
to  be  summarily  abated,  in  such  manner  as  he  may  direct. 


131 


ORDINANCES. 


ARTICLE  II.  OF  MARKETS,  SLAUGHTER  HOUSES,  ETC. 

Section  Section 

1.  No  person  to  slaughter  cattle,  etc.,  clean  and  inoffensive  condition. 

without  permission.  4. Tainted  and  unwholesome  mea  t  not  to 

2.  Permission  under  the  provision  of  be  sold  or  exposed  for  sale;  penalty 

this  article  how  obtained;  applicant  for  violating  this  section. 

to  file  bond  ;  permit  how  issued,  5.  Tainted  and  unwholesome  meat  not 

may  be  revoked.  to  be  steamed  or  rendered  ;  no  ani- 

3.  Persons  obtaining  permits  under  mal  substance  to  be  boiled  in  such 

this  article  to  keep  premises  in  a  manner  as  to  taint  air,  etc. 

Section  1.  And  be  it  further  ordained,  That  if  any  person  shall 
slaughter,  kill,  or  dress  any  cattle,  calves,  sheep,  or  swine,  or  steam 
any  lard  or  tallow  within  the  limits  of  this  city  ;  or  occupy  or  use 
any  building  for  the  purposes  aforesaid,  without  a  permit  from  the 
City  Council  or  Mayor,  to  be  granted  in  the  manner  hereinafter 
provided,  every  such  person,  on  conviction,  shall  be  fined  for  each 
offense  in  a  sum  not  less  than  ten  dollars,  and  not  more  than  fifty 
dollars. 

Sec.  2.  Any  person  desirous  of  obtaining  a  permit  under  the 
provisions  of  this  article  shall  make  application  therefor  to  the  City 
Council  or  the  Mayor,  in  writing,  stating  the  business  which  he  is 
desirous  of  pursuing,  and  specifying  the  premises  whereon  the  same 
is  to  be  conducted.  If  such  application  shall  be  granted,  it  shall 
thereupon  be  the  duty  of  the  applicant  to  enter  into  bond,  with  one 
or  more  sureties,  to  be  approved  by  the  Mayor,  in  the  penal  sum  of 
not  less  than  one  hundred  dollars,  nor  more  than  one  thousand  dol¬ 
lars,  conditioned  that  the  said  applicant  will  faithfully  comply  with 
all  the  requisitions  of  this  article,  and  for  the  payment  of  all  penal¬ 
ties  which  may  be  incurred  by  him  for  violation  thereof.  And 
upon  the  execution  of  such  bond  it  shall  be  the  duty  of  the  Mayor 
to  order  the  issuing  of  such  a  permit  to  the  applicant,  to  be  signed 
and  sealed  in  the  manner  prescribed  for  licenses,  which  permit 
shall  continue  in  force  for  the  period  of  one  year  from  and  after  the 
date  thereof:  Provided ,  That  the  City  Council  or  Mayor,  in  their  dis¬ 
cretion,  shall  have  power  to  revoke  such  permit  for  sufficient 
cause. 

Sec.  3.  No  person  who  shall  obtain  a  permit  for  any  business 
or  employment  mentioned  in  this  article,  for  the  purpose  of  carry¬ 
ing  on  and  conducting  the  same  within  the  limits  of  this  city,  or 
who  shall  conduct  or  carry  on  any  such  business  or  employment 
within  the  limits  of  this  city,  shall  permit  or  suffer  to  remain  on 
his  premises  any  blood,  bones,  offal,  filth,  or  other  matter,  so  that 


NUISAXCES 


135 


the  same  shall  become  offensive  and  unwholesome,  and  endanger 
the  health,  or  be  an  annoyance  to  the  neighborhood,  but  all  such 
blood,  bones,  offal,  or  other  offensive  matter,  shall  be  so  disposed  of, 
as  not  to  become  a  nuisance  or  matter  of  offense  to  those  residing  in 
the  neighborhood  of  his  premises,  and  every  such  person  shall  at 
all  times  keep  his  premises  in  a  clean,  healthy,  and  inoffensive 
condition.  Any  person  who  shall  violate  any  provision  of  this  sec¬ 
tion  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  and  not  ex¬ 
ceeding  one  hundred  dollars  for  each  and  every  offense. 

Sec.  4.  If  any  person  shall  expose  for  sale  in  any  market-house 
shop  or  elsewhere  in  this  city,  any  emaciated,  tainted,  or  putrid 
meat  or  provisions,  which  from  these  or  other  causes  may  be  deem¬ 
ed  unwholesome,  every  such  person,  on  conviction,  shall  forfeit  and 
pay  a  penalty  of  five  dollars  for  each  offense. 

Sec.  5.  No  person  shall  steam  or  boil,  or  in  any  way  render  any 
offal,  tainted  or  damaged  lard  or  tallow,  or  steam,  boil,  or  render 
any  animal  substance  in  such  a  manner  as  to  occasion  any  offensive 
smell,  or  which  will  by  steaming,  boiling,  or  otherwise  rendering 
so  taint  the  air  as  to  render  it  unwholesome  or  offensive  to  the 
smell,  within  the  limits  of  this  city.  Any  person  who  shall  violate 
any  provision  of  this  section,  shall,  on  conviction,  be  fined  in  a  sum, 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars. 


ARTICLE  III.  OF  HORSES,  HOGS,  ETC-,  RUNNING  AT  LARGE. 

Section  Section 

1.  Horses  hogs,  etc  running  at  large,  than  fees,  excess  how  disposed 
declared  a  nuisance ?  author  of,  how  of. 

punished.  5.  Persons  releasing  animals  unlawful 

2.  Officers  to  take  up  and  confine  hor-  ly,  how  punished  : 

ses,  ei  c*,  running  at  large  ;  when  ta-  6.  Persons  hindering  officers  in  dis- 
ken  up,  how  released.  charge  of  duties  herein  enjoined, 

3.  Horses,  etr-,  taken  up  to  be  sold  and  how  punished. 

when  ;  officers  to  make  leport  of  an-  7.  Any  person  may  take  up  animals 
imals  sold  and  moneys  received.  when;  officers  to  receive  same ;  how 
etc.  proceedings  in  such  cases. 

4:  When  animals  are  sold  for  more 

Section  1.  And  be  it  further  ordained,  That  all  horses,  mares, 
geldings,  jacks,  mules,  sheep,  hogs,  shoats,  geese  and  ducks  running 
or  being  at  large  within  this  city  at  any  time  of  the  year,  and  all 
cows,  calves,  and  horned  cattle  running  or  being  at  large  in  this  city 
after  nightfall,  between  the  first  day  of  May  and  the  first  day  of 


136 


ORDINANCES. 


November  of  each  year,  are  hereby  severally  defined  and  declared 
to  be  nuisances  ;  and  any  person  being  the  owner  of  or  having 
charge  of  and  exercising  acts  of  ownership  over  any  of  the  animals 
above  mentioned,  who  shall  suffer  the  same  to  run  or  be  at  large,  or 
to  be  found  at  large,  contrary  to  the  provisions  of  this  section  shall 
be  deemed  the  author  of  nuisance,  and  shall,  on  conviction,  be 
fined  in  a  sum  not  less  than  two  dollars,  nor  more  than  twenty  dol¬ 
lars,  for  each  offense. 

Sec.  2.  It  is  hereby  made  the  duty  of  the  City  Marshal  and  the 
Street  Commissioner  to  take  up  and  confine  in  a  secure  pen,  pound 
or  other  place,  to  be  by  them  respectively  provided  for  that  pur¬ 
pose,  every  animal  found  running  at  large  within  this  city  contrary 
to  the  provisions  of  the  foregoing  section  and  no  such  animal  taken 
up  and  confined  as  aforesaid,  shall  be  released  until  the  owner  or 
owners,  or  some  other  person  for  him  or  them,  shall  pay  to  the  offi¬ 
cer  having  such  animal  in  keeping  the  sum  of  one  dollar  as  his  fees 
for  taking  up  or  receiving  and  discharging  or  selling  each  and  every 
such  animal  so  taken  up  and  confined  as  aforesaid,  except  that  for  all 
geese  and  ducks  so  taken  up  and  confined  such  fee  shall  be  ten  cents 
each  ;  and  such  officer  shall  be  likewise  entitled  to  the  further  sum 
of  fifty  cents  for  the  suitable  and  proper  sustenance  of  each  and 
every  animal  so  taken  up  and  confined  for  every  twenty  four  hours 
the  same  shall  be  kept  ;  except  that  for  keeping  geese  and  ducks  so 
taken  up,  such  sum  shall  be  three  cents  each  per  day  ;  and  the  owner 
of  every  such  animal  shall  also  be  liable  to  prosecution  under  the 
provisions  of  section  one  of  this  article. 

Sec.  3.  The  City  Marshal  and  Street  Commissioner  are  hereby 
authorized  and  empowered  to  sell  at  public  vendue  any  animal  or 
animals  taken  up  and  confined  as  aforesaid  at  any  time  after  the  ex¬ 
piration  of  six  days  from  the  time  they  shall  have  been  taken  up 
and  confined  as  aforesaid,  the  officer  selling  the  same  having  given 
at  least  four  days’  previous  public  notice  of  the  time  and  place  of 
such  sale  by  posting  at  least  four  advertisements,  one  of  which  shall 
be  put  up  at  the  door  of  the  court  house,  another  at  the  post  office, 
and  the  other  two  in  two  of  the  most  public  places  in  the  city  ;  but 
if  said  animals  or  any  of  them  are  redeemed,  or  an  offer  is  made 
to  redeem  them  by  paying  the  officer’s  fees,  together  with  the  ex¬ 
penses  of  sustenance  and  advertising,  as  aforesaid,  at  any  time  be¬ 
fore  they  are  actually  sold,  the  same  shall  not  be  sold,  but  shall  be 
released  by  the  officer  having  the  same  in  keeping.  The  City  Mar¬ 
shal  and  Street  Commissioner  shall  render  to  the  City  Council  a 
least  once  a  quarter  a  true  statement  of  all  fees  and  of  all  moneys  re¬ 
ceived  by  them  respectively  for  animals  sold  by  them,  and  the  dis¬ 
position  made  by  them  of  such  money. 

Sec.  4.  If  any  animal  or  animals  sold  pursuant  to  the  provis¬ 
ions  of  this  article  shall  be  sold  for  more  than  sufficient  to  pay  the 


POLICE. 


137 


officer’s  fees  and  expenses  hereinbefore  mentioned,  such  excess  shall 
be,  by  the  officers  selling  the  same,  deposited  in  the  city  treasury, 
to  be  paid  upon  an  order  of  the  City  Council  to  the  owner  of  such 
animal  or  animals  upon  claim  and  proper  proof  before  said  Council. 

Sec.  5.  If  any  person  or  persons  shall  break  open,  or  in  any 
manner,  directly  or  indirectly,  aid  or  assist  in  breaking  open  any 
pen  or  inclosure  with  the  intent  of  releasing  any  animal  therein 
confined  pursuant  to  the  provisions  of  this  article,  every  such  per¬ 
son,  on  conviction,  shall,  for  each  offense,  be  fined  in  a  sum  not  less 
than  ten  dollars  and  not  more  than  one  hundred  dollars. 

Sec.  6.  If  any  person  shall  hinder,  delay,  or  obstruct  any  offi¬ 
cer  in  the  discharge  of  any  duty  herein  enjoined,  every  such  person 
shall,  on  conviction,  be  fined  for  each  offense  not  less  than  ten  dol¬ 
lars  and  not  more  than  one  hundred  dollars. 

Sec.  7.  It  shall  be  lawful  for  any  person  to  distrain  and  take 
up  any  animal  running  at  large  contrary  to  the  provisions  of  this 
article,  and  to  deliver  to  the  same  or  cause  the  same  to  be  delivered 
over  to  the  City  Marshal  or  Street  Commissioner,  who  shall  re¬ 
ceive  such  animal  and  proceed  in  like  manner  as  if  the  same  had 
been  taken  up  by  himself. 


CHAPTER  XVII. 

/ 


POLICE. 

An  ordinance  establishing  and  regulating  the 


Section 

J.  Police  department  established. 

2.  Police  officers  to  give  bond. 

3.  Mayor  to  be  the  head  of  the  police 
department  ;  duties  of  Mayor. 

4.  Police  officers,  their  term  of  office  ; 
fees. 

5.  Powers  of  police  officers,  etc.,  in  ar¬ 
resting  and  committing  offenders. 

C.  City  Marshal  to  be  chief  of  acting 
police  ;  duties  of  Marshal. 

7.  Duties  of  police  officers  ;  to  have 
power  to  serve  warrants,  etc 

8.  Police  officers  punishable  for  fraud, 
extortion,  partiality. 


police  department. 

Section 

9.  Qualifications  of  police  officers  ;  to 
take  oath,  etc. 

10.  Penalty  for  resisting  police  officers, 
or  assisting  to  escape. 

11.  All  persons  to  assist  police  officers, 
penalty  for  refusing. 

12.  Police  officers  hi  certain  cases  may 
admit  persons  arrested  to  bail ; 
bond  to  be  filed  with  police  magis¬ 
trate  ;  form  of  bond  ;  statement  of 
officers  to  be  filed  ;  proceedings  in 
case  of  forfeiture  of  the  condition  of 
bond. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Free¬ 
port,  That  there  shall  be  and  is  hereby  established  a  police  depart¬ 
ment  for  the  City  of  Freeport,  which  shall  consist  of  the  City  Mar- 
18 


188 


ORDINANCES 


shal,  and  such  police  officers  as  maybe  appointed,  from  time  to 
time  by  the  City  Council. 

Sec.  2.  All  police  officers,  before  entering  upon  the  discharge  of 
their  duties,  shall  execute  a  bond  to  said  city  in  the  sum  of  two 
hundred  dollars,  with  one  or  more  freeholders  as  sureties,  to  be  ap¬ 
proved  by  the  clerk  of  said  city,  and  filed  in  said  clerk’s  office,  con¬ 
ditioned  for  the  faithful  discharge  of  the  duties  of  such  police  offi¬ 
cer,  and  that  he  will  justly  and  fairly  account  for  and  *pay  over  all 
money  coming  into  his  hands  by  virtue  of  any  process  or  other¬ 
wise,  as  required  by  law. 

Sec.  8.  The  Mayor  shall  be  the  head  of  the  police  department, 
and  shall  superintend  and  direct  the  police  generally;  see  that  the 
several  members  of  the  department  are  prompt  and  faithful  in  the 
discharge  of  their  duties,  and  from  time  to  time  take  such  meas¬ 
ures  as  he  may  deem  expedient  for  the  preservation  of  the  peace 
and  good  order,  and  the  enforcing  of  the  laws  and  ordinances  in  the 
city. 

Sec.  4.  The  police  officers  shall  hold  their  office  for  the  time 
specified  in  the  order  making  their  appointment:  Provided ,  That 
no  police  officer  shall  hold  his  office  for  a  longer  term  under  one  ap¬ 
pointment  than  one  year  :  And  Provided  further ,  That  they  may 
be  removed  at  any  time  by  the  City  Council  without  any  previous 
notice  given  or  charges  preferred.  Police  officers  shall  receive  the 
same  fees  as  the  City  Marshal  for  like  services,  and  such  other  com¬ 
pensation  as  may  from  time  to  time  be  allowed  by  the  City  Coun¬ 
cil. 

Sec.  5.  The  Mayor,  Aldermen,  City  Marshal  and  police  officers, 
as  conservators  of  the  peace,  shall  have  power  to  arrest,  or  cause  to 
be  arrested,  with  or  without  process,  and  taken  before  the  Police 
Magistrate,  all  persons  who  shall  break,  or  threaten  to  break,  the 
peace,  and  may  commit  such  persons,  or  admit  th^m  to  bail,  as  the 
case  may  require.  They  shall  have  power  to  arrest,  or  cause  to  be 
arrested,  as  aforesaid,  all  persons  who  shal!  be  found  in  the  act  of 
violating  any  ordinance,  or  who  may  be  reasonably  suspected  of 
having  committed  any  crime  or  misdemeanor,  or  of  having  violated 
any  ordinance  of  the  city,  for  the  preservation  of  the  peace  and 
good  order  thereof ;  and  shall  have  power  to  detain,  or  cause  the  de¬ 
tention  of  all  such  persons  in  custody  in  the  county  jail  or  other  safe 
place  in  said  city,  over  night,  and  over  the  Sabbath,  and  until  such 
persons  can  be  duly  examined  by,  or  tried,  before  some  competent 
magistrate. 

Sec.  G.  The  City  Marshal  shall  be  the  chief  of  the  acting  police, 
and  all  the  police  officers  shall  be  in  subordination  to  him,  except  in 
cases  otherwise  provided  by  ordinance.  It  shall  be  his  duty  to 
cause  the  public  peace  to  be  preserved,  and  to  see  that  the  laws 
and  ordinances  are  enforced  ;  and  whenever  any  violation  thereof 


POLICE. 


139 


\ 


shall  come  to  his  knowledge,  or  be  reported  to  him,  he  shall  cause 
the  requisite  complaint  to  be  made,  and  see  that  the  evidence  is  pro¬ 
cured  for  the  successful  prosecution  of  the  offender  or  offenders. 

Sec.  7.  It  shall  be  the  duty  of  the  police  officers  to  aid  and  assist 
the  City  Marshal  in  the  execution  of  the  duties  herein  enjoined  ; 
and  they  shall  have  power  and  authority  in  the  city  to  serve  and  ex¬ 
ecute  warrants  and  other  process  for  the  apprehension  and  commit¬ 
ment  of  persons  charged  with,  or  held  for  examination  or  trial,  or 
taken  in  execution  for,  the  commission  of  any  crime  or  misde¬ 
meanor,  or  violation  of  any  law  or  ordinance  of  the  city  ;  and 
while  executing  or  serving  or  assisting  in  the  execution  or  service  of 
any  such  warrant  or  process,  shall  be  vested  with  and  have  all  the 
power  and  authority  conferred  on  constables  at  common  law,  and  by 
the  laws  of  this  state. 

Sec  8.  Any  police  officer  who  shall  neglect  or  refuse  to  perform 
any  duty  required  of  him  by  the  ordinances  of  this  city,  or  who 
shall  in  the  discharge  of  his  official  duties  be  guilty  of  any  fraud, 
extortion,  oppression,  favoritism,  partiality,  or  willful  wrong  or  in¬ 
justice,  shall  forfeit  and  pay  a  penalty  not  less  than  ten  dollars, 
and  not  exceeding  one  hundred  dollars,  for  each  offense. 

Sec.  9.  Every  person  appointed  to  the  office  of  police  officer 
shall  be  at  the  time  of  his  appointment  a  citizen  of  the  United  States 
and  a  qualified  voter  in  this  city,  and  previous  to  exercising  any 
function  of  his  office,  shall,  before  some  person  legally  authorized  to 
administer  the  same,  take  and  subscribe  an  oath  or  affirmation  that 
he  will  faithfully  and  impartially  discharge  the  duties  of  his  office 
according  to  the  best  of  his  knowledge  and  ability,  and  also  the 
oath  prescribed  by  the  constitution  of  the  State  of  Illinois,  and 
shall  cause  such  oath  or  affirmation  to  be  tiled  in  the  office  of  the  City 
Clerk. 

Sec.  10.  Whoever  in  the  city  shall  resist  any  police  officer,  or 
member  of  the  poliqe  department,  in  the  discharge  of  his  duty,  or 
shall  in  any  way  interfere  with,  or  hinder,  or  prevent  him  from  dis¬ 
charging  his  duty  as  such  officer  or  member,  or  shall  offer  or  en¬ 
deavor  to  do  so,  and  whoever  shall  in  any  manner  assist  any  person 
in  custody  of  any  police  officer  or  member  of  the  police  department, 
to  escape,  or  attempt  to  escape  from  such  custody,  or  shall  rescue 
or  attempt  to  rescue  any  person  so  in  custody,  shall  be  fined  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars. 

Sec.  11.  It  shall  be  the  duty  of  all  persons  in  the  city,  when 
called  upon  by  any  police  officer  or  other  member  of  the  police  de¬ 
partment,  to  promptly  aid  and  assisthim  in  the  execution  of  his  du¬ 
ties.  Whoever  shall  neglect  or  refuse  to  give  such  aid  and  assist¬ 
ance  shall  be  fined  not  exceeding  one  hundred  dollars,  in  the  discre¬ 
tion  of  the  Court  or  Magistrate  convicting. 


140 


ORDINANCES. 


Sec.  12.  Any  person  arrested  without  warrant  for  any  offense 
under  any  ordinance,  may  be  admitted  to  bail  by  executing  a  bond 
to  the  city,  with  sufficient  surety,  to  be  approved  by  the  officer 
making  the  arrest,  in  double  the  amount  of  the  penalty  for  the  of¬ 
fense  charged,  conditioned  that  he  will  appear  upon  a  day  therein 
named,  before  the  Police  Magistrate  and  answer  the  accusation  for 
which  he  has  been  arrested, and  not  depart  the  Court  without  leave; 
which  bond  shall  be  attested  by  the  officer  making  the  arrest,  and 
tiled  in  the  office  of  the  Police  Magistrate.  Said  bond  maybe  in  the 
following  form  : 

State  of  Illinois,  ) 

City  of  Freepori,  J  " 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  C.  D.,  are  severally  and 
jointly  held  and  bound  unto  the  city  of  Freeport  in  the  penal  sum  of - dol¬ 

lars,  for  the  paymentof  which  we  hereby  jointly  and  severally  bind  ourselves,  our 
heirs  executors  and  administrators. 

Signed  and  sealed  this - day  of - ,  186 

The  condition  of  the  above  obligation  is  such  that,  whereas,  the  above  bounden 
A.  B.  has  this  day  been  arrested  by  F.  M.,  City  Marshal  (or  “police  officer,”  as  the 
ca.se  may  be,)  for  the  city  of  Freeport,  charged  with  the  violation  of  an  ordinance 
of  said  city,  entitled,  ( here  insert  the  title  thereof ',)  in  this  to  wit:  {here  describe 

the  particular  breach ,  in  the  language  of  the  ordinance ,)  on  the - day  of - , 

186  . 

Now  if  the  said  A.  B.  shall  personally  appear  before  G.  W.,  a  Police  Magistrate 

of  said  city,  at  his  office,  on  the - day  of - 186,  at - o’clock - .  M.,  and 

shall  remain  andabidetho  order  of  said  Magistrate,  and  not  depart  without 
leave,  then  this  bond  shall  be  void,  otherwise  to  remain  in  full  force  and  virfue. 

A.  B.  [L.  S.] 

C.  D.  [L.  S.] 

Acknowledged  before  me  : 

F.  M.  City  Marshal. 

To  which  bond,  thus  executed  and  acknowledged,  the  person  ma¬ 
king  the  arrest  shall  add  a  statement,  in  effect  as  follows  : 

A.  B.  to  the  city  of  Freeport,  Dr. 

To - dollars  for  breach  of  ordinance,  as  specified  in  the  above  and  forego¬ 

ing  bond. 

Freeport, - day  of - ,  186 

F.  M.  City  Marshal. 

The  amount  in  said  bond  shall  in  no  case  exceed  one  hundred 
dollars.  If  the  principal  in  such  bond  shall  fail  to  appear  according 
to  the  condition  of  the  bond,  or  appearing  shall  depart  the  court 
without  leave,  the  Police  Magistrate  shall  note  such  fact  upon  the 
bond,  and  issue  a  summons  in  behalf  of  t  he  city  of  Freeport,  against 
the  parties  liable  thereon.  Upon  trial  of  such  cause  the  same  de¬ 
fense  shall  be  allowed  for  the  non-appearance  of  the  principal  that  is 
allowed  under  the  general  laws  of  this  State  in  like  cases  before  jus- 
ticesof  the  peace. 


POLICE  COURT 


141 


CHAPTER  XVIII. 


POLICE  COURT. 


An  Ordinance  concerning  proceedings  before  the  Police  Magistrate  for  fines  and 
penalties. 


Section  Section 


1  Fines  and  penalties,  how  recovera-  12. 
ble. 

2.  Actions  for  violations  of  ordinan¬ 
ces,  how  commenced;  form  of  state-  13. 
meut;  no  warrant  to  issue  unless 
complaint  under  oath  be  made. 

3.  No  action  to  be  dismissed  for  de-  14. 
feet  in  form  of  statement. 

4.  Upon  filing  statement,  suit  to  be 

docketed  and  process  to  be  issued  ;  15. 
proceedings  in  case  of  arrest  with¬ 
out  warrant.  16. 

5.  Warrants  when  to  be  issued,  form  of 
warrant. 

6.  Persons  arrested  by  warrant  may  17. 
be  admitted  to  bail,  etc. 

7.  Proceedings  if  defendant  fail  to  ap-  18. 
pear. 

8.  Judgment  on  recognizance  may  be  19. 
set  aside,  etc. 

9.  In  case  cause  is  continued  defendant 

may  be  confined  in  jail,  when. 

10  If  defendant  fail  to  appear,  he  shall  20. 
be  defaulted. 

11.  Defendant  may  demand  trial  by  21. 
jury,  etc. 


Police  Magistrate  to  order  defendant 
to  be  confined  in  jail  in  certain  ca¬ 
ses. 

Persons  confined  in  jail  for  neglect 
to  pay  judgment  shall  labor  on 
streets  ;  proceedings  in  such  cases. 
Persons  working  on  streets  as  here¬ 
in  provided,  to  be  confined  in  jail 
overnignt. 

Street  Commissioner  to  make  report 
of  labor  on  streets,  etc. 

Street  Commissioners  tnay  arreet 
and  confine  persons  laboring  under 
his  direction  in  certain  cases,  etc. 
City  officers  competent  witnesses 
when. 

Fines,  etc.,  to  be  paid  to  the  city 
treasury,  etc. 

Poiice  Magistrate  and  City  Marshal 
in  cases  not  provided  for  by  ordi¬ 
nance  or  city  charter  to  be  governed 
by  general  laws,  etc. 

Judgment  for  costsmay  be  rendered 
against  informer  in  certain  cases. 
Fees  of  police  magistrate  and  city 
marshal  in  certain  cases. 


Sect  ton  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  whenever  any  fine,  forfeiture,  or  penalty  shall  be 
imposed  for  the  breach  of  the  provisions  of  any  ordinance  of  this 
city,  the  same  shall  be  recoverable  by  suit  before  the  Police  Magis¬ 
trate,  in  the  nature  of  actions  of  debt. 

Sec.  2.  Actions  for  violations  of  ordinances  may  be  commen¬ 
ced  by  the  filing  with  the  Poiice  Magistrate  a  statement  or  com¬ 
plaint,  stating  the  nature  of  the  offense,  signed  by  the  City  Attorney, 
any  member  of  the  police  department,  or  any  responsible  cifizen  of 
the  city  of  Freeport,  which  statement  may  be  in  the  following 
form  : 

C.  D.  to  the  city  of  Freeport,  Dr. 

To - dollars  for  violation  oi  an  ordinance  ot  said  city  entitled  ( here  insert  the 

title,  and  section  thereof)  passed  the - day  of - ,  A.  D.  18  ,  in  this  to  wit; 

( here  describe  the  particular  breach  in  the  language  of  the  ordinance )  on  the - day 

of - A.  D.  186. 


H.  M.  B.  City  Attorney. 


142 


ORDINANCES. 


Provided,  That  if  any  credible  person,  shall,  on  oath,  make  com¬ 
plaint  that  any  one  has  violated  any  ordinance  of  this  city,  setting 
forth  the  ordinance  and  section  and  the  violation  thereof,  it  shall  be 
lawful  for  the  Police  Magistrate  to  issue  a  warrant  for  the  appre¬ 
hension  of  the  offender,  as  hereinafter  provided. 

Sec.  3.  No  action  before  the  Police  Magistrate  shall  be  dismiss¬ 
ed  for  any  defect  of  form  in  said  statement  or  complaint,  if  it  sub¬ 
stantially  sets  forth  the  nature  of  the  violation  alleged,  so  as  to 
give  the  defendant  notice  of  the  charge  which  he  is  required  to  an¬ 
swer,  and  such  statement  or  complaint  may  include  several  persons 
charged  with  the  same  offense. 

Sec.  4.  Upon  the  filing  of  such  statement  or  complaint  the  Po¬ 
lice  Magistrate  shall  enter  the  case  upon  his  docket,  in  the  usual 
manner  required  bylaw,  and  shall  issue  a  summons,  or  warrant,  as 
the  case  may  require.  Whenever  any  person  has  been  arrested  on 
view  or  otherwise  according  to  law,  without  a  warrant,  the  Police 
Magistrate  shall  enter  in  his  docket  the  fact  of  his  arrest  and  by 
whom  made,  and  also  take  from  the  officer  making  the  arrest  an 
affidavit  of  the  cause  of  the  arrest. 

Sec.  5.  In  case  a  complaint  on  oath  shall  be  made,  as  hereinbe¬ 
fore  provided, and  the  Police  Magistrate  shall  be  of  the  opinion  that 
a  speedy  proceeding  is  necessary  to  secure  the  punishment  of  the 
offender,  he  shall  issue  a  warrant,  which  may  be  substantially  in  the 
following  form: 

State  of  Illinois,  If 

Stephenson  County,  -  ss. 

City  of  Freeport ,  )  The  people  of  the  State  of  Illinois  t a 

the  City  Marshal  of  the  city  of  Freeport ,  or  any  Constable  of  said  County , 

Greeting  : 

Whereas, - -a  police  officer  of  said  city  {or  as  the  cane  may  be)  has  complained 

an  oath  before  me,  that  C.  D.  has  violated  an  ordinance  ol  the  city  of  Freeport, 

entitled  ( here  insert  the  title  and  section  thereof )  passed  the - clay  of - .  A.  I). 

IS  ,  by  {here  describe  trie  particular  breach  in  the.  language  of  the  ordinance)  on  the 
- day  of - ,  A.  D.  180. 

Now,  therefore,  you  are  hereby  commanded  to  take  the  body  of  C.  D.  and  brine 
him  forthwith  before  me,  to  be  dealt  with  according  to  law. 

Given  under  my  hand  and  seal,at_t,he  said  city  of  Freeport,  this - day  of - 

A.  D.  ISO.  A  .  It  .Police  Magistrate.  [L  S. 

Sec.  6.  Any  person  arrested  by  virtue  of  a  warrant  issued  as 
hereinbefore  provided  may  be  admitted  to  bail  by  executing  a  bond 
to  theci£y,  to  be  approved  by  the  Police  Magistrate,  in  double  the 
amount  of  the  penalty  for  the  offense  charged,  conditioned  that  he 
will  appear  on  a  day  therein  to  be  named  before  the  Police  Magis¬ 
trate,  and  not  depart  the  court  without  leave  ;  which  bond  shall  be 
attested  by  the  Police  Magistrate  and  filed  in  his  office,  and  an  entry 
of  the  filing  thereof  shall  be  made  in  his  docket:  Provided,  That  in 
no  case  the  penalty  in  such  bond  shall  exceed  one  hundred  dol¬ 
lars. 


POLICE  COURT 


143 


Sec.  7.  If  the  defendant  fail  to  appear  according  to  the  condi¬ 
tions  of  the  bond  aforesaid,  or  appearing  shall  depart  the  Court  with¬ 
out  leave,  the  Police  Magistrate  may  enter  judgment  against  him  and 
li is  securities,  for  the  penalty  of  said  bond. 

Sec.  8.  Upon  entering  judgment  as  provided  in  the  foregoing 
section,  it  shall  be  the  duty  of  the  Police  Magistrate  to  issue  process 
in  behalf  of  the  city  of  Freeport,  against  the  parties  liable  on  said 
bond,  requiring  them  to  appear  before  him  on  a  day  to  be  mention¬ 
ed  therein,  and  show  cause  if  any  they  have,  why  judgment  should 
not  be  confirmed  against  them,  and  execution  issue  on  such  judg¬ 
ment;  and  any  judgment  entered  up  as  aforesaid  may  be  set  aside 
by  the  Police  Magistrate  if  the  defendant  shall  personally  appear  be¬ 
fore  the  Police  Magistrate,  at  the  time  mentioned  in  said  process,  and 
show  good  cause  for  the  setting  aside  the  judgment  by  affidavit  of 
some  credible  person  ;  and  it  shall  be  lawful  for  the  sureties  in  said 
bond  to  appear  before  the  Police  Magistrate  at  the  time  aforesaid, 
and  to  make  the  same  defense  that  is  allowed  for  the  non-appear¬ 
ance  of  the  principal  under  the  laws  of  this  State  in  similar  cases 
before  justices  of  the  peace. 

Sec.  9.  A  party  in  custody  who  cannot  be  tried  on  account  of 
the  absence  of  witnesses  or  other  cause,  and  who  cannot  give  bail 
for  his  appearance,  may  be  confined  in  the  county  jail  not  exceeding 
three  days;  and  in  such  case  the  Police  Magistrate  shall  deliver  to 
the  City  Marshal,  or  other  officer  committing  such  person,  a  commit¬ 
ment  stating  the  cause  of  the  detention. 

Sec.  10.  When  a  defendant  duly  summoned  fails  to  appear  at  the 
time  suit  is  set  for  trial,  the  Police  Magistrate  shall  hear  and  ex¬ 
amine  the  testimony  offered  on  the  part  of  the  city,  and  shall  render 
judgment  by  default  against  the  defendant  for  such  an  amount  under 
the  ordinances  as  the  Police  Magistrate  may  deem  just. 

Sec.  11.  In  all  cases  before  die  Police  Magistrate  for  any  viola¬ 
tion  of  the  ordinances  of  this  city,  the  defendant  may  demand  a  trial 
by  jury,  upon  paying  the  jury  fees  in  advance.  They  shall  consist 
of  such  number,  and  possess  the  same  qualifications,  as  is  required 
by  the  general  laws  of  this  state  in  trials  before  justices  of  the  peace. 
If  the  jury  find  the  defendant  guilty,  they  shall  assess  the  penalty, 
except  in  case  the  same  is  specifically  determined  by  ordinance. 

Sec.  12.  Upon  the  rendition  of  judgment  against  any  defend¬ 
ant  for  the  violation  of  any  ordinance  of  this  city,  the  Police  Magis¬ 
trate  shall  make  an  order  and  enter  the  same  upon  his  docket,  that 
if  the  defendant  shall  neglect  or  refuse  to  satisfy  such  judgment  and 
costs  of  suit,  he  shall  be  confined  in  the  county  jail  one  day  for  each 
one  dollar  of  such  judgment  and  costs.  Execution  shall  be  issued 
immediately  on  the  rendition  for  judgment. 

Sec.  13.  Every  person  against  whom  any  fine,  penalty,  or  for- 
feiure  shall  be  recovered  under  the  ordinances  of  this  city  who  shall 


144 


ORDINANCES. 


refuse  or  neglect  to  pay  the  same,  when  demanded  upon  execution, 
and  shall  be  committed  in  default  thereof  to  the  county  jaij,  shall  la¬ 
bor  on  the  streets  of  the  city  of  Freeport  under  the  direction  of  the 
Street  Commissioner  until  the  said  fine,  penalty,  or  forfeiture,  and 
costs  thereon,  are  fully  paid,  to  be  allowed  at  the  rate  of  one  dollar 
per  day,  the  day  to  consist  of  at  least  eight  hours  of  faithful  work  ; 
and  if  such  person  shall  refuse  or  neglect  to  furnish  himself  with 
board  and  sustenance,  then  the  City  Marshal  shall  furnish  the  same 
in  the  countyjail  or  other  place  to  be  provided  by  the  city,  and  de¬ 
duct  the  cost  thereof  from  the  amount  of  labor  performed  before  any¬ 
thing  shall  be  allowed  upon  the  execution  issued  in  the  case  ;  and 
if  any  such  person  shall  refuse  or  neglect  to  labor  on  said  streets  as 
aforesaid,  and  to  comply  with  the  directions  of  the  Street  Commis¬ 
sioner  in  relation  thereto,  such  person  shall  forfeit  and  pay  to  the  city 
of  Freeport  the.sum  of  ten  dollars  for  each  and  every  day  he  shall 
so  refuse  or  neglect  to  labor  or  fail  to  comply  with  the  directions  of 
t  e  Street  Commissioner  as  aforesaid. 

Sec.  14.  During  the  time  any  person  is  workingout  his  fine,  for¬ 
feiture,  or  penalty,  as  provided  in  the  foregoing  section,  he  shall 
each  night  be  committed  for  safe-keeping  to  the  countyjail,  unless 
he  shall  give  security  to  the  city  in  the  amount  of  fine  and  costs,  to 
be  approved  by  the  Street  Commissioner,  that  he  will  appear  from 
day  to  day,  and  work  on  said  streets  until  such  fine  and  costs  shall 
have  been  fully  worked  out. 

Sec.  15.  The  Street  Commissioner  shall  at  the  end  of  every 
month  make  a  report  to  the  City  Council  of  the  number  of  days’ 
work  performed  on  the  said  streets  in  pursuance  of  the  foregoing 
provisions,  and  by  whom  performed,  during  the  preceding  month, 
and  also  at  such  other  times  as  the  City  Council  shall  require. 

Sec.  16.  For  the  purpose  of  carrying  out  the  foregoing  provis¬ 
ions  in  relation  to  labor  upon  streets,  the  Street  Commissioner  is 
hereby  anthorized  and  empowered  to  arrest  and  confine,  or  cause  to 
be  arrested  and  confined,  any  person  put  under  his  direction  for  the 
purpose  of  working  out  any  fine  or  penalty  as  aforesaid,  if  such  per¬ 
son  shall  attempt  to  escape  or  shall  refuse  to  obey  the  directions  of 
the  Street  Commissioner  as  aforesaid  ;  and  the  Street  Commissioner 
is  hereby  authorized  and  empowered  to  use  all  reasonable  and  prop¬ 
er  means  to  secure  the  faithful  performance  of  the  labor  on  the 
streets  as  hereinbefore  provided. 

Sec.  17.  In  all  prosecutions  instituted  by  the  City  of  Freeport, 
any  officer  of  said  city  shall  be  a  competent  witness,  notwithstand¬ 
ing  such  officer  may  be  entitled  to  a  portion  of  the  fine  or  penalty, 
or  to  a  fee  from  the  same. 

Sec.  18.  All  fines,  forfeitures  and  penalties  for  breaches  of  any 
ordinance  of  this  city,  shall  as  soon  as  collected  be  paid  to  the  City 
Treasurer,  and  the  officer  paying  over  the  same  shall  take  the  Treas- 


POLICE  COURT. 


145 


urer’s  duplicate  receipts  therefor,  one  of  which  shall  be  delivered  to 
the  City  Clerk.  The  City  Clerk  shall  keep  an  account  of  the  moneys 
thus  paid  to  the  City  Treasurer. 

Sec.  19.  The  Police  Magistrate  and  City  Marshal  in  all  matters 
pertaining  to  the  duties  of  their  respective  offices  in  judicial  pro¬ 
ceedings,  and  concerning  which  there  is  no  specific  provision  by  the 
city  charter  or  by  the  ordinances  of  this  city,  shall  be  governed  by 
the  laws  of  this  State, regulating  the  practiceand  proceedings  in  cases 
before  Justices  of  the  Peace,  and  the  duties  of  Justices  of  the  Peace 
and  constables,  so  far  as  the  same  may  be  applicable. 

Sec.  20.  In  all  prosecutions  for  fine  or  penalty  when  the  de¬ 
fendants  shall  be  acquitted,  the  informer  or  prosecutor  may  in  the 
discretion  of  the  Police  Magistrate  be  adjudged  to  pay  the  costs,  if 
it  appear  to  the  satisfaction  of  the  Police  Magistrate  that  the  prose¬ 
cution  was  instituted  vexatiously,  maliciously,  or  without  reusona- 
so liable  cause. 

Sec.  21.  In  all  cases  arising  under  the  ordinances  of  this  city  be¬ 
fore  the  Police  Magistrate,  there  shall  be  allowed  him  in  addition 
to  the  costs  allowed  justices  of  the  peace  in  civil  cases  under  the  laws 
of  this  State,  the  following  fees  for  services  when  performed  : 

For  taking  each  complaint  or  statement  in  writing,  twenty-five 
cents;  for  each  commitment  twenty-five  cents;  taking  each 
recognizance,  fifty  cents;  for  making  and  entering  each  or¬ 
der,  twenty-five  cents  ;  for  making  out  and  delivering  fee 
bill  when  demanded,  twenty-five  cents.  There  shall  be  al¬ 
lowed  to  the  officer  making  arrest  without  process,  upon  convic¬ 
tion  of  the  offender,  the  sum  of  one  dollar  in  each  case,  to  be  taxed 
as  other  costs* in  the  case;  and  for  taking  recognizance  and  making 
out  statement  when  he  arrests  without  process  the  sum  of  fifty 
cents;  but  the  city  of  Freeport  shall  not  be  liable  to  the  Police  Magis¬ 
trate,  City  Marshal  or  any  police  officer,  for  any  costs  or  fees,  when 
the  defendant  is  acquitted,  nor  is  any  other  case  arising  under  the 
ordinances  of  this  city. 

19 


146 


ORDINANCES. 


CHAPTER  XIX. 

PRIVATE  DRAINS. 


An  ordinance  concerning  private  drains. 

Section  Section 

4.  Construction  of  private  drains;  con-  4.  Private  drains  how  kept  cleansed 
nection  with  main  drains  not  to  be  and  in  repair. 

made  without  permission.  5.  Proceedings  in  reference  to  private 

2.  Notice  to  be  given  of  drains  requir-  drains  how  conducted. 

ed  ;  order  for  constructing,  how  6.  Penalties  for  refusual  or  neglect  to 
made,  etc.  construct  or  repair  drain  when  re- 

3  When  not  built  to  be  reported,  etc..  quired,  for  making  connection  with 

account  of  expenses  to  be  kept  and  main  drain  without  permission, 

reported  by  the  street  commission-  and  for  injuring  drain, 
er. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  all  private  drains  connecting- with  any  main  drain 
or  sewer,  constructed  under  the  direction  of  the  City  Council,  shall 
he  laid  and  constructed  of  such  size  and  materials  as  shall  be.  or¬ 
dered  by  the  City  Council,  or  by  the  Street  Commissioner  in  each 
case.  They  shall  be  made  so  as  to  receive  at  the  opening  a  good 
substantial  metallic  strainer,  with  holes  in  the  same  not  exceeding 
one-fourth  of  an  inch  in  diameter.  No  connection  shall  be  made 
in  any  .case  without  a  written  permission  of  the  Street  Commis¬ 
sioner,  unless  ordered  by  the  City  Council  ;  nor  in  any  case  unless 
under  the  supervision  of  the  Street  Commissioner. 

Sec.  2.  It  shall  be  the  duty  of  the  Street  Commissioner  to  give 
notice  to  the  City  Council  of  all  private  drains  which  may  be  re¬ 
quired  from  time  to  time.  Such  notice  shall  designate  the  premi¬ 
ses  requiring  the  same,  with  the  name  of  the  owner  or  occupant 
thereof,  when  known.  Whenever  the  City  Council  shall  order  the 
construction  of  a  private  drain,  the  order  and  notices  thereof  to  the 
owners  or  occupants  of  the  premises  may  be  made  and  given  in  the 
same  form,  as  nearly  as  may  be,  as  are  prescribed  in  the  ordinances 
•concerning  sidewalks. 

Sec.  3.  If  any  private  drain  shall  not  be  constructed  in  pur¬ 
suance  of  such  order,  it  shall  be  the  duty  of  the  Street  Commission¬ 
er  to  make  report  thereof  to  the  City  Council.  If  the  City  Council 
shall  thereupon  order  the  same,  the  Street  Commissioner  shall  keep 
an  accurate  account  of  the  expenses  in  each  case,  and  make  report 
thereof  in  writing. 


RAILROADS. 


147 


Sec.  4.  It  shall  be  the  duty  of  the  owners  and  occupants  of 
premises  to  keep  their*  private  drains  in  repair,  and  free  from  ob¬ 
struction.  If  such  drains  should  get  out  of  repair,  or  require  to  be 
cleansd  or  rebuilt,  the  Street  Commissioner  shall  give  due  notice 
thereof  to  the  owner  or  occupant.  And  in  case  of  neglect  or  refusal 
on  the  part  of  the  person  notified  to  comply  with  such  notice,  the 
Street  Commissioner  shall  forthwith  make  such  repairs,  etc.,  and  re¬ 
port  the  expenses  for  assessment. 

Sec.  5.  All  notices,  reports,  orders,  and  other  proceedings  in 
reference  to  private  drains,  and  the  assessment  collection  of  any  ex¬ 
penses  therefor,  shall  be  the  same,  under  this  ordinance,  as  nearly 
as  may  be,  as  are  prescribed  or  required  in  and  by  the  ordinance 
concerning  sidewalks. 

Sec.  6.  If  any  person  shall  refuse  or  neglect  to  build  any  pri¬ 
vate  drain,  or  put  the  same  in  repair,  or  cleanse  or  rebuild  the  same, 
when  duly  notified  by  the  Street  Commissioner,  he  shall  be  subject 
to  a  fine  of  not  less  than  ten  dollars,  nor  exceeding  one  hundred 
dollars.  A  like  penalty  shall  be  imposed  upon  any  person  who 
shall  refuse  or  neglect  to  observe  the  directions  of  the  Street  Com¬ 
missioner  in  the  construction  of  any  drain,  or  who  shall  form  a  con¬ 
nection  with  a  main  drain  without  his  written  permision,  or  who 
shall  wilfully  or  carelessly  injure  or  destroy  any  private  drain,  or 
main  drain,  or  any  part  thereof. 


CHAPTER  XX. 

RAILROADS. 

An  ordinance  concerning  railroads.* 

Section  Section 

1.  The  speed  of  locomotives  and  rail-  except  in  certain  cases, 

road  cars  regulated  with  certain  4.  Engine  bell  to  be  rung  ;  when, 
limits  defined  herein.  5.  Penalty  for  violation  of  the  forego- 

2.  Cars  not  to  stop  in  streets  except  in  ing. 

certain  cases.  6.  No  minors  to  get  upon  cars  or  en- 

3.  Whistle  not  to  be  sounded  in  city  gine  except  in  certain  cases. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  no  locomotive  engine,  railroad  passenger  car  or 


*  Original  ordinance  passed  June  23, 1855,  and  amended  by  revision  of  1867  and 
1868. 


148 


ORDINANCES. 


freight  car  shall  be  driven,  propelled  or  run  upon  or  along  any  rail¬ 
road  track  in  this  city  within  the  limits  of.  the  original  town  of 
Freeport  or  within  Clark’s  addition  to  the  town  of  Freeport  at  a 
greater  speed  than  at  the  rate  of  six  miles  per  hour. 

Sec.  2.  No  railroad  company,  railroad  engineer  or  train  con¬ 
ductor,  or  other  person,  shall  cause  or  allow  any  locomotive  engine, 
railroad  passenger  car  or  freight  car,  or  other  railroad  car,  to  stop 
in.  obstruct,  or  remain  upon  any  part  of  any  street  or  cross  street  in 
this  city,  within  the  limits  of  the  original  town  of  Freeport  or  with¬ 
in  the  limits  of  Clark’s  addition  to  the  town  of  Freeport,  longer 
than  ten  minutes  at  any  one  time,  except  in  case  of  accident  or  to 
avoid  injury  to  persons  or  property,  or  where  a  passenger  train 
shall  have  reached  its  station,  and  then  only  for  a  sufficient  time  to 
discharge  passengers  and  remove  the  train,  not  to  exceed  thirty 
minutes,  and  the  last  named  provision  to  have  application  to  passen¬ 
ger  cars  only. 

Sec.  3.  No  whistle  of  any  locomotive  engine  shall  be  sounded 
within  the  limits  of  this  city,  except  as  a  necessary  signal  to  avoid 
accident. 

Sec.  4.  The  bell  of  every  locomotive  shall  be  rung  continually 
while  such  locomotive  engine  is  in  motion  in  this  city. 

Sec.  5.  Any  railroad  company,  railroad  engineer,  conductor 
or  other  person  who  shall  violate  either  of  the  foregoing  provisions 
of  this  ordinance,  shall,  on  conviction,  be  fined  in  a  sum  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars  for  each  of¬ 
fense.  , 

Sec.  6.  If  any  minor  shall  get  upon  any  railroad  car  or  engine 
in  this  city,  except  by  permission  of  some  employee  of  such  railroad 
company,  authorized  to  grant  such  permission,  or  except  in  the 
usual  or  ordinary  course  of  travel,  or  shall  in  any  way  interfere 
with  such  railroad  car  or  engine  ;  every  such  minor  shall,  on  con¬ 
viction,  be  fined  in  a  sum  not  less  than  one  dollar  nor  more  than  one 
hundred  dollars  for  each  offense. 


An  ordinance  authorizing  the  construction  oi  a  railroad  track  therein  men¬ 
tioned. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Free¬ 
port.  The  Freeport  Manufacturing  Company,  and  the  Freeport  Gas 
Light  and  Coke  Company,  are  hereby  authorized  and  empowered  to 


RAILROADS. 


149 


construct  a  railroad  track  from  the  western  extremity  of  the  alley 
in  block  number  twenty-eight,  thence  eastvvardly  along  said  alley 
across  Chicago  street,  and  along  the  alley  in  block  twenty-seven,  and 
across  Mechanic  street,  and  along  the  alley  in  block  number  twen¬ 
ty-six,  and  across  Adams  street,  and  along  the  alley  in  block  num¬ 
ber  twenty-five,  and  across  Liberty  street,  and  along  the  alley  in 
block  number  twenty-four,  to  the  eastern  extremity  of  the  alley  in 
said  block  number  twenty-four,  said  blocks  and  streets  being  in  the 
original  town  of  Freeport,  thence  to  some  convenient  point  to  be 
determined  by  the  Illinois  Central  railroad  company,  on  the  line  of 
the  track  of  the  said  railroad  company. 

Passed  March  5,  1856. 

r  ’  '  ,» 


4 


An  ordinance  granting  right  of  way  to  the  Northern  Illinois  railroad  com¬ 
pany. 

Section  1.  Be  it  ordained  by  the  City  Council  of  theCity  of  Frce- 
port,  That  the  right  of  way  be,  and  the  same  is  hereby  granted  to  the 
Northern  Illinois  Rail  Load  Company  through  and  upon  any  road, 
lane,  street  or  alley,  or  other  public  ground  within  the  corporate 
limits  of  thecity  of  Freeport,  for  the  purpose  of  laying  down,  using,  or 
occupying  any  railroad  tracks,  sideways,  switches,  turn-tables  or 
other  conveniences  necessary  for  the  purposes  aforesaid  ;  Provided , 
said  railroad  company  shall  so  construct  their  tracks,  bridges,  turn 
outs  and  switches,  as  to  interfere  as  little  as  possible  with  the  ordi¬ 
nary  travel  upon  said  streets,  and  construct  and  keep  in  repair,  suit¬ 
able  crossings  at  the  intersection  of  streets  and  alleys,  and  ditches, 
sewers  and  culverts  ;  Provided ,  said  railroad  be  constructed  upon 
the  southern  route  recently  adopted  by  the  company. 

Passed  June  1,  1861. 


An  ordinance  of  the  President  and  Trustees  of  the  town  of  Freeport,  granting 
the  right  of  way  through  the  streets  of  the  town  of  Freeport  to  the  Illinois 
Central  Railway  Company  and  the  Galena  and  Chicago  Union  Railroad  Com¬ 
pany. 

Section  1.  Be  it  ordained  by  the  President  and  Trustees  of  the 
Town  of  Freeport ,  That  the  right  of  way  be  and  the  same  is  hereby 
granted  to  the  Illinois  Central  Railroad  Company  and  the  Galena 
and  Chicago  Union  Railroad  Company  through  and  upon  any  road, 
street,  lane  or  alley  or  other  public  ground  within  the  corporate 
limits  of  the  town  of  Freeport,  for  the  purpose  of  laying  down, 
using  and  occupying  any  railroad  track,  sidelings,  switches,  turn 
tables  or  other  convenience  necessary  for  the  purposes  afore¬ 
said. 

Passed  August  11,  1851. 


150 


ORDINANCES. 


\ 


CHAPTER  XXI. 

I 

CITY  SCARES. 

An  ordinance  establishing  the  City  scales  and  regulating  the  weighing  of  hay, 

etc.* 

• 

Section  Section 

1.  City  scales  established.  return  wagon,  etc.,  and  have  same 

2.  Weighmaster  to  be  appointed.  weighed  ;  penalty. 

3.  Weighmaster  to  give  bond.  10.  Purchaser  not  to  diminish  weight; 

4.  Duties  of  dtj”  weighmaster  defined.  penalty. 

5.  Fees  for  weighing  on  city  scales.  li.  Seller  not  to  diminish  weight  or 

6.  Weighmaster  to  keep  scales  in  or-  falsify  certificate  ;  penalty. 

der  and  test  same.  12.  Penalty  for  purchasing  hay  or  straw 

7.  To  keep  record.  without  being  weighed  on  city 

8.  Liabilities  of  weighmaster  for  mis-  scales. 

conduct.  13.  Weighmaster  to  make  report,  etc. 

9.  Persons  having  loads  weighed  to  to  City  Council. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  there  shall  be  erected  at  such  place  or  places  within 
this  city,  as  the  City  Council  shall  designate,  one  or  more  public 
scales  to  be  known  as  the  city  scales. 

Sec.  2.  There  shall  be  appointed  by  the  City  Council  at  the  first 
meeting  in  each  year  after  the  organization  thereof,  a  city  weigh¬ 
master  for  the  city  of  Freeport,  who  shall  hold  his  office  for  the 
term  of  one  year  from  the  time  of  his  appointment,  and  until  his 
successor  is  appointed  and  qualified. 

Sec.  3.  The  city  weighmaster  shall  before  entering  upon  the 
duties  of  his  office,  give  a  bond  to  said  city,  with  security  to  be  ap¬ 
proved  by  the  City  Council,  in  the  sum  of  five  hundred  dollars,  con¬ 
ditioned  for  the  faithful  performance  of  the  duties  of  his  office,  and 
that  he  will  whenever  required  by  ordinance  or  order  of  the  City 
Council,  pay  over  all  money  in  his  hands  to  the  officer  to  whom  the 
same  belongs. 

Sec.  4.  It  shall  be  the  duty  of  the  city  weighmaster,  either  by 
himself  or  a  deputy  by  him  appointed  (for  whose  acts  he  shall  be 
answerable)  to  attend  the  city  scales  at  all  times  from  sun  rise  till  sun 
set,  of  every  day  (Sunday  excepted)  and  to  weigh  accurately  and 
without  partiality  every  load  of  wheat,  corn,  oats  or  other  grain, 
every  load  of  hay  or  straw,  slaughtered  animals  or  live  stock,  and 
every  animal  or  other  thing,  that  may  be  produced  to  be  weighed, 


•.  Original  ordinance  passed  May  11, 1860,  amended  by  revision. 


CITY  SCALES. 


151 


and  to  give  to  the  person  presenting  the  same  to  be  weighed,  a  cer¬ 
tificate  of  the  weight  thereof,  upon  payment  being  mad*}  to  him  of 
the  fee  hereinafter  specified. 

Sec.  5.  For  every  load  of  grain  of  every  kind,  lime,  flour,  hay 
or  straw  weighed  upon  the  city  scales,  there  shall  be  paid  ten  cents 
per  load  ;  for  every  load  of  slaughtered  animals  or  livestock  not 
exceeding  in  net  weight,  twenty  hundred  pounds,  ten  cents,  and  the 
additional  sum  of  two  cents  for  every  hundred  pounds  in  such  load 
exceeding  twenty  hundred  ;  for  any  number  of  swine  or  sheep,  not 
over  five,  weighed  on  foot  at  one  time,  ten  cents,  and  one  cent  each 
additional  for  all  over  five;  for  any  number  of  cattle  or  horses,  not 
over  three,  weighed  at  one  time,  ten  cents,  and  two  cents  each,  addi¬ 
tional,  for  all  over  three;  and  for  every  other  article  or  thing 
weighed,  not  above  specified,  and  not  exceeding  twenty  hundred 
pounds  in  weight,  ten  cents,  and  one  cent  additional  for  every  .hun¬ 
dred  pounds  exceeding  twenty  hundred. 

Sec.  6.  It  shall  be  the  duty  of  the  city  weighmaster  to  keep  the 
city  scales  in  good  repair,  and  order,  and  to  cause  the  accuracy  of 
the  same  to  be  tested,  from  time  to  time  as  necessary,  or  whenever 
the  Mayor  or  City  Council  shall  direct. 

Sec.  7.  It  shall  be  the  duty  of  the  city  weighmaster  to  keep  a 
suitable  book  in  which  shall  be  entered  in  separate  accounts,  every 
load  of  grain  or  other  produce  and  every  animal  or  other  thing  that 
may  be  weighed  on  said  scales,  designating  in  said  account  its  kind, 
its  weight,  for  whom  weighed,  and  the  amount  received  for  the 
same,  and  to  keep  a  record  of  all  repairs  which  may  be  made  to  said 
scales  and  the  cost  of  the  same,  which  book  shall  be  subject  at  all 
times  to  the  inspection  of  the  Mayor  or  any  member  of  the  City 
Council. 

Sec.  8.  If  the  city  weighmaster  shall  neglect  or  refuse  to  per¬ 
form  any  of  the  duties  required  of  him  by  this  ordinance,  or  shall 
be  guilty  of  any  extortion  or  oppression  in  the  discharge  of  his  duty, 
or  shall  willfully  give  a  certificate  of  false  weighttoany  person  with 
intent  to  defraud  or  deceive,  he  shall  forfeit  and  pay  to  the  city  of 
Freeport  a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than 
one  hundred  dollars  for  each  offence,  and  shall  forfeit  all  right  to  his 
said  office,  and  may  be  removed  from  the  same  by  the  City  Council. 

Sec.  9.  Every  person  having  any  load  of  grain,  hay,  straw, 
live  or  slaughtered  animals  or  other  articles,  weighed  upon  the  city 
scales,  shall,  after  such  load  is  discharged,  return  the  wagon,  sleigh, 
or  other  vehicle  in  which  said  load  was  weighed,  to  said  scales  and 
the  city  weighmaster  shall  weigh  the  same  and  enter  the  weight 
thereof  in  said  certificate,  together  with  the  net  weight  of  such  load, 
for  which  service  he  shall  be  entitled  to  no  additional  charge.  Any 
person  failing  or  refusing  to  comply  with  the  requirements  of  this 


152 


ORDINANCES. 


section  shall,  on  conviction,  be  subject  to  a  fine  of  not  less  than  one 
dollar  nor  fnore  than  ten  dollars  for  each  offence. 

Sec.  10.  If  any  person  purchasing  any  load  of  hay  or  grain,  or 
any  other  article  or  thing  whatever  which  has  been  weighed  on  said 
city  scales,  shall  diminish  the  weight  thereof  by  computing  or  other¬ 
wise,  below  the  amount  stated  in  said  weigh  master’s  certificate,  or 
shall  pay,  or  render  an  account  to  t lie  owner  thereof  for  less  than  is 
justly  due  for  said  load  or  other  thing,  or  shall  suffer  the  same  to  be 
done  by  his  or  her  agent,  with  intent  to  defraud  or  deceive  such 
owner,  sucli  person  shall  be  subject  to  a  fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  offence. 

Sec.  11.  If  any  person  who  shall  have  had  any  load  of 
grain,  hay,  straw,  live  or  slaughtered  animals,  or  any  other  article 
or  thing,  weighed  on  said  city  scales',  shall  in  any  way  diminish  the 
weight  thereof,  or  falsify  the  said  weighmaster’s  certificate,  with 
intent  to  defraud  or  deceive,  such  person,  shall,  for  each  offence,  lie 
subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

Sec.  12.  If  any  person  shall  sell  or  purchase,  within  this  city, 
any  load  of  hay  or  straw,  without  having  the  same  weighed  on  the 
city  scales  and  obtaining  the  weighmaster’s  certificate  of  the  weight 
thereof,  as  provided  in  this  ordinance,  such  person  shall,  on  convic¬ 
tion,  be  fined  not  less  than  three  dollars  nor  more  than  ten  dollars 
for  each  offence. 

Sec.  13.  The  city  weighmaster  shall  be  entitled  to  retain,  as 
compensation  for  his  services,  one-half  of  the  net  proceeds  of  the 
city  scales,  and  shall  make  a  report  to  the  City  Council  at  each 
regular  meeting  thereof,  giving  a  full  statement,  under  oath,  of  his 
receipts  for  the  preceding  month,  the  number  of  loads  and  animals 
weighed,  the  amount,  if  any,  expended  for  repairs,  and  the  amount 
due  the  city  for  said  month,  which  report  shall  be  accompanied  by 
the  Treasurer’s  receipt  for  the  amount  so  due  to  the  city :  Provided , 
That  the  City  Council  may  at  any  time,  by  resolution,  provide  for 
payment  of  a  monthly  salary  to  said  city  weighmaster,  in  lieu  of 
the  one-half  of  said  net  proceeds. 


SIDEWALKS 


158 


CHAPTER  XXII. 

SIDEWALKS. 

An  Ordinance  concerning  sidewalks, 

ARTICLE  I.  CONSTRUCTION  OF  SIDEWALKS. 

“  II,  OBSTRUCTION  TO  SIDEWALKS. 


ARTICLE  I.  CONSTRUCTION  OF  SIDEWALKS.* 


'Section  Section 

1.  Manner  of  constructing  sidewalks;  9.  Warrants  to  be  issued;  form  of  war- 

the  materials  therefor.  rant;  Collector  to  give  receipt  for 

2.  When  and  by  whom  to  be  built;  form  and  be  charged  with;  Collector  to 

of  order.  give  notice ;  form  of. 

3.  Notice  to  be  published;  form  of  no-  10.  Powders  of  Collector  in  relation  to 


lice;  copy  of  to  be  given  to  the 
Street  Commissioner. 

4.  Street  Commissioner  to  give  notice; 

form  of  notice;  manner  of  service.  11. 

5.  When  not  constructed  Street  Com¬ 

missioner  to  report ;  what  facts  shall 
be  set  forth,  etc. 

0.  City  Council  to  order  Street  Commis¬ 
sioner  to  build;  form  of  order. 


warrant;  return  of  warrant;  moneys 
collected  when  and  how  deposited  ; 
Treasurer  to  keep  sidewalk  account. 

If  any  part  of  assessment  shall  not 
be  collected,  City  Clerk  to  apply  for 
judgment,  etc.;  this  ordinance  not  to 
be  construed  to  prevent  suit  in  as¬ 
sumpsit  against  owner  of  lots  for 
recovery  of  expenses,  etc. 


7.  Street  Commissioner  to  keep  account  12.  Grade  of  sidewalks  ;  Street  Commis- 
of  cost,  to  report  same;  form  of  re-  sioner  to  superintend  construction 
port.  of  sidewalks;  may  cause  to  be  relaid. 

S.  City  Council  to  assess  expenses  on  13.  When  sidewalks  out  of  repair.  Street 
real  estate,  etc.,  form,  of  order  of  Commissioner  to  give  notice  to  re¬ 
assessment,  etc.  pair ;  in  what  cases  to  repair  and  re¬ 

port  expenses. 


Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  all  sidewalks  which  may  be  ordered  by  the  City 
Council  shall  be  constructed  under  the  superintendence  and  to  the 
satisfaction  of  the  Street  Commissioner.  They  shall  be  built  four 
feet  in  width,  (unless  a  different  width  shall  be  specified  in  the 


*  Original  Ordinance  passed  May  5,  1855,  amended  by  revisions  of  1857  and 
1868. 

20 


154 


ORDINANCES. 


order,)  of  sound,  two-inch  pine  or  oak  plank,  firmly  set  upon  and 
spiked  to  suitable  bearings  of  not  less  than  three  by  four  inches,  of 
white  oak,  burr  oak,  red  elm,  pine  or  black  walnut  scantling,  let 
into  the  earth,  or  filled  in  between,  so  as  to  form  an  even  grade, 
unless  the  order  for  the  same  shall  require  different  materials. 

Sec.  2.  Sidewalks  shall  be  built  within  thirty  days  after  the 
first  publication  of  notice  in  the  corporation  newspaper,  by  the 
owner  or  occupant  of  the  premises.  The  order  for  a  sidewalk  may 
be  in  the  following  form  : 

“  Ordered ,  That  a  sidewalk  be  constructed  on  the - side  of - street, 

from - street  to - street,  in  conformity  with  the  oi'dinance  relative  to 

sidewalks.” 

If  a  less  width  than  that  specified  in  the  ordinance  shall  be 
desired,  the  width  should  be  expressly  stated  in  the  order. 

Sec.  o.  After  the  passage  of  an  order  for  a  sidewalk,  the  City 
Clerk  shall  cause  a  notice  thereof  to  be  published  in  the  corporation 
paper  for  the  space  of  two  weeks.  The  notice  shall  specify  the  day 
on  or  before  which  the  sidewalk  shall  be  constructed  by  the  owner 
or  occupant,  and  the  width  thereof,  when  less  than  that  specified 
herein,  and  may  be  as  follows  : 

SIDEWALK  NOTICE. 

City  Clerk’s  Office,  Freeport, - ,  18  . 

Public  notice  is  hereby  given,  that  the  City  Council  have  ordered  a  sidewalk 
(or  “  sidewalks  ”)  to  be  constructed  as  follows : 

On - side  of - street  from - street  to - street  (If  other  walks  have 

been  ordered  at  the  same  time,  then  insert  as  follows  .-)  Also,  on  the - side  ol  — * — 

street  from - street  to - street. 

Now,  unless  the  same  shall  be  constructed  in  the  manner  required  by  the  ordi¬ 
nance  relative  to  sidewalks,  on  or  before  the - day  of - next,  (or  “  inst.,”) 

they  will  be  built  by  the  Street  Commissioner,  and  the  expenses  assessed  upon 
the  premises  chargeable  therewith.  U.  M.  Mayer,  City  Clerk. 

The  City  Clerk  shall  likewise  cause  a  copy  of  the  notice  of  such 
order  to  be  delivered  to  the  Street  Commissioner  forthwith  after  the 
publication  thereof. 

Sec.  4.  The  Street  Commissioner,  on  receiving  notice  of  any 
order  for  a  sidewalk,  shall  forthwith  notify  the  owner  or  occupant 
of  the  real  estate  interested,  when  known  and  can  be  found,  by 
serving  the  same  upon  him  in  the  manner  herein  prescribed.  The 
notice  may  be  written  or  printed,  or  partly  both,  in  the  following 
form  ; 

City  of  Freeport, - ,  18  . 

Mr. - :  Sir— You  are  hereby  notified  that  the  City  Council  of  the  city  of 

Freeport  have  ordered  a  sidewalk - feet  in  width,  on  lot  No. - in  block 

No. - ,  in  the  original  town  of  Freeport  (or  “  in  any  addition  thereto,”  as  the 

case  may  be,)  of  sound,  two-inch  pine  or  oak  plank,  firmly  set  upon  and  spiked  to 
suitable  bearings  of  not  less  than  three  by  four  inches  of  white  oak,  burr  oak,  red 
elm,  pine  or  black  walnut  scantling,  let  into  the  earth,  or  filled  in  between,  so  as 
to  form  an  even  grade . 


SIDEWALKS. 


155 


Now,  unless  you  shall  construct  the  same  to  the  satisfaction  of  the  Street  Com¬ 
missioner,  in  the  same  manner  required  by  the  ordinance,  on  or  before  the - 

day  of - inst.,  (or  “  next,”  as  the  case  may  be,  the  day  mentioned  in  the  City  Clerk's 

notice)  the  same  will  be  built  by  the  Street  Commissioner,  and  the  expenses 
assessed  upon  the  premises. 

H.  D.  Rodearmel,  Street  Commissioner. 

The  notice  aforesaid  may  be  served  personally  or  by  leaving  the 
same  at  the  residence  or  place  of  business  of  such  owner  or  occupant 
or  upon  both,  in  the  discretion  of  the  Street  Commissioner.  Notice 
may  likewise  be  served  upon  any  known  agent  of  the  parties 
aforesaid,  in  like  manner. 

Sec.  5.  If  any  sidewalk  shall  not  be  constructed  within  the 
time  mentioned  in  the  notice,  or  to  the  satisfaction  of  the  Street 
Commissioner,  it  shall  be  his  duty  forthwith  thereafter  to  report  the 
same  to  the  City  Council  in  writing.  The  report  shall  state  the 
name  of  the  owner  or  occupant  on  whom  notice  has  been  served, 
and  the  manner  of  service.  If  any  owner  be  unknown  or  cannot  be 
found,  he  shall  state,  opposite  to  the  lot,  “owner  unknown,”  or 
<l  owner  cannDt  be  found,”  as  the  case  may  be.  A  description  of  the 
lot  or  other  premises  shall  likewise  be  given  in  the  report.  The 
Street  Commissioner  shall  procure  and  file  with  his  report  a  copy  of 
the  sidewalk  notice  published  in  the  corporation  paper,  with  a 
certificate  of  its  due  publication. 

Sec.  6.  On  the  reception  of  such  report  the  City  Council  may 
order  the  Street  Commissioner  to  construct  the  sidewalks  mentioned 
in  such  report.  The  order  may  be  as  follows : 

“  Whereas,  The  owners  and  occupants  of  the  following  described  real  estate,  to 

wit : 

Lot - ,  block - ,  original  town, 

Lot - ,  block - ,  Clark’s  addition. 

Have  failed,  after  due  notice,  to  construct  sidewalks  thereon  in  pursuance  of  an 
order  passed - ,  18  ,  it  is  therefore 

Ordered,  That  the  Street  Commissioner  construct  the  same  forthwith  in  con¬ 
formity  with  the  original  order,  and  report  the  expenses  for  assessment.” 

Sec.  7.  An  accurate  account  shall  be  kept  by  the  Street  Com¬ 
missioner  of  the  cost  of  every  sidewalk  constructed  by  order  of  the 
City  Council,  and  he  shall  report  the  same,  as  soon  as  may  be  in 
substance  in  the  following  form  : 

City  of  Freeport, - ,  18  . 

In  compliance  with  an  order  of  the  City  Council,  passed - ,  18  ,  I  have  con¬ 

structed  sidewalks  (or  “a  sidewalk,”  as  the  case  may  be,)  on  the  premises  herein¬ 
after  described,  at  an  expense  set  opposite  to  each  respectively,  to  wit: 

Lot - ,  block - ,  original  town,  $15.25 

Lot - ,  block - ,  Clark’s  addion,  8.00 

H.  D.  Rodearmel,  Street  Commissioner. 

Sec.  8.  The  City  Council,  after  the  reception  of  the  Street  Com¬ 
missioner’s  report,  shall  by  an  order  assess  the  expenses  on  the  real 
estate  described  therein.  Such  order  may  be  in  the  following  form ; 


ORDINANCES 


156 


SIDEWALK  ASSESSMENT. 

“ Ordered ,  That  the  several  sums  set  opposite  to  the  following  described  lots 
and  parts  of  lots  respectively,  to  wit : 

Lot - .  block - — ,  original  town,  $15.25 

Lot - ,  block  - ,  Clark’s  addition,  8.00 

Be  and  the  same  are  hereby  respectively  assessed  thereon,  to  defray  the  expense 
of  sidewalks  constructed  by  the  Street  Commissioner,  in  pursuance  of  an  order 

passed - ,  18  ,  and  that  a  warrant  issue  for  the  collection  of  such  assessment, 

returnable  in  thirty  clays  from  the  date  thereof. 

It  is  further  ordered,  that  upon  the  return  of  such  warrant  if  any  part  of  such 
assessment  shall  not  be  collected,  the  City  Clerk  shall  apply  to  the  County  Court  of 
Stephenson  County  for  judgment  against  the  lots  or  real  estate  upon  which  such 
an  assessment  remains  unpaid,  for  the  amount  of  such  assessment  and  costs,  after 
publishing  a  notice  of  such  intended  application  in  the  corporation  newspaper 
for  thirty  days. 

Sec.  6.  Warrants  shall  be  issued  by  the  City  Clerk  and  signed 
by  the  Mayor,  and  may  be  in  the  following  form  : 

collector’s  warrant. 

State  of  Illinois,  1  9 

City  of  Freeport. \ 

The  People  of  the  State  of  Illinois  to  the  Collector  of  the  City  of  Freeport, 

Greeting  r 

Whereas,  The  owners  and  occupants  of  the  following  described  real  estate,  to* 
wit : 

Lot - — ,  block - ,  original  town , 

Lot - ,  block - ,  Clark’s  addition, 

Have  failed,  after  due  notice,  to  construct  sidewalks  thereon  in  pursuance  of  an 

order  passed - ,  18  ,  by  the  City  Council  of  the  City  of  Freeport,  and  whereas, 

it  was  on  the -  day  of— - -,18  ,  ordered  by  said  Council  that  the  several 

sums  set  opposite  to  the  following  described  lots  and  parts  of  lots  respectively,  to¬ 

wn  : 

Lot - ,  block - ,  original  town,  $15.25 

Lot - ,  block - ,  Clark’s  addition,  8.00 

Be  and  the  same  were  thereby  respectively  assessed  thereon  to  defray  the  expense 
of  sidewalks  constructed  by  the  Street  Commissioner  in  pursuance  of  an  order 

passed - ,  18  and  that  a  warrant  issue  for  the  collection  of  said  assessment, 

returnable  in  thirty  days  from  the  date  thereof. 

Now,  therefore,  you  are  hereby  commanded  to  make,  levy,  and  collect  of  the 
goods  and  chattels  of  the  respective  owners  of  the  real  estate  above  described,  the 
several  sums  of  money  assessed  thereon,  for  which  each  may  be  liable,  as  aforesaid, 
and  hereof  make  due  return  in  what  manner  you  shall  execute  this  writ,  within 
thirty  days  from  the  date  hereof. 

Witness,  D,  H.  Sunderland,  Mayor  of  the  City  of  Freeport, 

L.  S.  and  the  corporate  Seal  thereof,  this  - day  of - , 

18 

Attest,  D.  H  Sunderland,  Mayor. 

U.  M.  M.,  City  Clerk. 

Which  warrant  shall  be  delivered  to  the  City  Collector  as  soon 
as  may  be  .after  the  assessment  is  made.  The  City  Clerk  shall  take  a 
receipt  from  the  Collector  for  the  warrant,  and  charge  the  amount  to 
him.  On  the  delivery  of  the  warrant  to  him  the  Collector  shall 
give  ten  days’  notice  thereof  in  the  corporation  paper,  which  notice 
may  be  in  the  following  form  •- 


SIDEWALKS 


157 


SIDEWALK  WARRANT. 

City  of  Freeport, - ,  18  . 

Public  notice  is  hereby  given  that  a  warrant  for  the  collection  of  an  assessment 
made  by  the  City  Council  on  certain  real  estate,  for  the  cost  of  sidewalks  con¬ 
structed  by  the  Street  Commissioner  on - side  of - street,  from - street 

to - street,  has  been  delivered  to  me  for  collection,  and  payment  of  the  same 

is  hereby  demanded. 

Benjamin  Rhodes,  City  Collector. 

Sec.  10.  In  the  collection  of  such  warrant  the  Collector  is 
hereby  vested  with  the  same  powers,  duties  liabilities  given  or 
imposed  upon  him  by  law,  in  the  collection  of  general  warrants  for 
taxes,  and  his  return  thereof  may  be  in  like  form.  All  moneys 
collected  shall  be  deposited,  as  fast  as  may  be,  in  the  treasury,  the 
Collector  taking  duplicate  receipts  therefor,  one  of  which  shall  be 
deposited  with  the  City  Clerk  ;  and  it  shall  be  the  duty  of  the 
Treasurer  to  keep  a  sidewalk  account,  crediting  it  with  all  moneys 
received  by  him  on  account  of  sidewalks,  and  charging  it  with  all 
warrants  drawn  on  the  same. 

Sec.  11.  Upon  the  return  of  such  warrant,  if  any  part  of  the 
assessment  shall  not  be  collected,  the  City  Clerk  shall  apply  to  the 
County  Court  of  Stephenson  County  for  judgment  against  the  lots 
and  real  estate  on  which  the  assessments  so  remain  unpaid,  for  the 
amount  of  such  assessment  and  cost,  after  publishing  a  notice  of 
such  intended  application  in  the  corporation  newspaper  for  thirty 
days :  Provided ,  That  nothing  in  this  ordinance  shall  be  so  con¬ 
strued  as  to  prevent  a  suit  being  maintained  against  the  owner  or 
occupant  of  such  lots  and  real  estate  for  the  recovery  of  the  expenses 
of  such  sidewalks,  in  assumpsit,  as  for  money  paid  and  laid  out  to 
his  use  at  his  request ;  and  the  expenses  of  such  sidewalks  shall  be 
recoverable  against  the  owner  and  occupant  of  such  lots  and  real 
estate,  in  an  action  for  money  paid  and  laid  out  to  his  use  at  bis 
request,  before  any  court  having  jurisdiction. 

Sec.  12.  The  grade  for  sidewalks  shall  be  given  by  the  Street 
Commissioner,  or  by  the  Committee  on  streets,  alleys  and  bridges, 
until  a  permanent  grade  shall  be  established  by  the  City  Council.  It 
shall  be  the  duty  of  the  Street  Commissioner  to  superintend  the  con¬ 
struction  of  sidewalks,  so  far  as  it  may  be  necessary  to  compel  their 
construction  of  the  materials  and  in  the  manner  herein  prescribed. 
If  any  person  shall  fail  to  comply  with  this  ordinance  in  the  build¬ 
ing  of  any  sidewalk,  the  Street  Commissioner  shall  direct  the  same 
to  be  relaid,  and  in  case  of  refusal  or  neglect  to  comply  with  such 
order,  he  shall  report  the  same  to  the  City  Council,  in  the  same 
manner  as  if  the  same  had  not  been  laid. 

Sec.  13.  Whenever  any  sidewalk  shall  become  broken  or  other¬ 
wise  out  of  repair,  or  require  to  be  wholly  relaid,  the  Street  Com¬ 
missioner  shall  cause  a  verbal,  printed  or  written  notice  to  be  served 
upon  the  owner  or  occupant  of  the  premises  in  the  manner  prescribed 


158 


ORDINANCES. 


in  section  four  of  this  article :  Provided,  The  notice  shall  require 
such  repairs  to  be  made  in  forty-eight  hours  after  the  service  thereof. 
But  in  all  cases  where  it  shall  be  necessary  wholly  to  rebuild  any 
sidewalk,  not  less  than  twenty  days  shall  be  specified  in  the  notice. 
If  any  person  shall  neglect  or  refuse  to  repair  or  rebuild  any  side¬ 
walk  after  notice  as  aforesaid,  he  shall  be  subject  to  a  penalty  of  five 
dollars  for  each  offence.  He  shall  also  be  liable  for  all  damages 
which  the  city  may  incur  by  reason  thereof,  to  be  recovered  by  the 
city  in  an  action  of  assumpsit.  The  Street  Commissioner  shall  in 
all  cases  where  parties  refuse  or  neglect  to  repair  or  rebuild  sidewalks 
in  pursuance  of  notice  as  aforesaid,  or  cannot  be  found,  cause  the 
same  to  be  rebuilt  or  repaired  within  a  reasonable  time  after  the 
expiration  of  the  time  mentioned  in  said  notice,  and  report  the 
expenses  to  the  City  Council.  The  report  may  be  in  the  same  form, 
and  the  expenses  may  be  collected  in  the  same  manner  as  the 
expenses  for  the  construction  of  sidewalks,  as  hereinbefore  provided. 


ARTICLE  II.  OBSTRUCTIONS  TO  SIDEWALKS. 

Section  Section 

1.  Porches,  steps,  etc.,  how  far  may  ex-  walks  so  as  not  to  leave  space,  etc. ; 

tend  into  sidewalks;  penalty  for  to  be  removed  when. 

violating  this  section.  8.  Auctions  in  streets  and  upon  side- 

2.  Officers  to  remove  steps,  etc.,  after  walks  prohibited,  except  in  certain 

notice;  costs  of  removal  how  paid.  cases;  duty  of  City  Marshal  and  Po- 

3.  Windows,  cellar  doors,  etc.,  on  side-  lice  officers. 

walks,  how  constructed;  penalties.  9.  Fastening  horses  so  as  to  obstruct 

4.  Posts,  etc.,  not  to  be  erected  upon  sidewalks  prohibited. 

sidewalks;  when  section  not  to  ap-  10.  Driving  horses  and  wagon  over  side- 
ply  to  awning  and  hitching  posts.  walks  prohibited. 

5.  Awnings  how  to  be  constructed  ;  11.  Show  cases,  signs,  etc.,  not  to  be  pro- 

those  heretofore  erected  to  be  re-  jected  more  than  three  feet  over 
moved  in  certain  cases.  sidewalks. 

6.  Goods  for  sale  or  show  not  to  occupy  12.  Cross-walks  to  be  kept  free  from  ob- 

more  than  three  feet  of  sidewalk.  structions. 

7.  Goods  received,  etc. ,  not  to  cover  side-  13.  Mayor  authorized  to  remove  obstruc¬ 

tions. 

Section  1.  And  be  it  further  Ordained,  That  no  porch,  gallery, 
stoops,  steps,  cellar  door,  stair  railing  or  platform  erected  or  to  be 
erected  within  this  city,  shall  be  allowed  to  extend  into  or  upon  any 
sidewalk  more  than  four  feet.  Any  violation  hereof  shall  subject 
the  offender  to  a  penalty  of  ten  dollars,  and  to  the  like  penalty  for 


SIDEWALKS. 


159 


every  clay  he  shall  continue  in  such  violation  after  notice  from  the 
Mayor,  City  Marshal  or  Street  Commissioner  to  remove  the  same. 

Sec.  2.  The  Mayor,  City  Marshal  or  Street  Commissioner  is 
hereby  authorized  to  cause  any  steps,  stoop,  gallery  platform,  cellar 
door,  stair  railing  or  other  obstruction,  erected  in  violation  of  the 
foregoing  section,  to  be  removed  within  a  reasonable  time  after 
notice  to  that  effect  by  either  of  the  officers  aforesaid,  served  upon 
the  owner,  agent  or  person  in  possession  of  the  premises  where  such 
violation  occurs,  and  the  owner,  agent  or  party  causing  such  obstruc¬ 
tion  or  violation  shall  pay  all  expenses  and  costs  of  such  removal  in 
addition  to  the  penalties  aforesaid. 

Sec.  3.  No  bow  or  other  window  shall  extend  into  or  over  any 
sidewalk  more  than  fourteen  inches,  nor  shall  any  sign  project  from 
any  store  or  other  building  into  or  over  any  sidewalk  or  street  more 
than  three  feet;  nor  shall  any  cellar  door  rise  or  project  above  the 
surface  of  the  sidewalk  more  than  one  inch  at  the  outer  side,  nor 
more  than  four  inches  near  the  store  or  other  building,  nor  shall  the 
hinges  thereof  or  any  other  thing  connected  therewith,  project  or 
rise  above  the  door ;  nor  shall  any  staple,  lock  or  other  fastening  be 
placed  on  the  upper  side  thereof ;  and  each  and  every  person  viola¬ 
ting  any  provision  of  this  section  shall  forfeit  and  pay  to  said  city 
the  sum  of  five  dollars,  and  a  like  sum  for  every  forty-eight  hours 
he  shall  continue  in  such  violation  after  notice  to  remove  the  same 
by  the  Mayor,  City  Marshal,  Street  Commissioner,  or  any  member 
of  the  City  Council. 

Sec.  4.  No  sign  or  other  post,  except  awning  posts,  as  herein¬ 
after  provided,  shall  be  erected  or  placed,  or  if  heretofore  erected  or 
placed  shall  be  permitted  to  remain,  in  or  upon  any  sidewalk,  or 
street,  or  other  public  way ;  and  every  person  violating  the  provis¬ 
ions  of  this  section  shall  be  subject  to  a  penalty  of  three  dollars,  and 
to  a  like  penalty  for  every  forty-eight  hours  he  shall  continue  in 
such  violation  after  he  shall  be  notified  by  the  Mayor,  City  Marshal, 
Street  Commissioner,  or  any  member  of  the  City  Council  to  remove 
the  same.  But  nothing  herein  contained  shall  be  construed  to  pre¬ 
vent  the  erection  of  posts  not  to  exceed  three  in  number,  in  front  of 
each  building,  for  the  purpose  of  hitching  horses.  Every  such  post, 
so  erected,  shall,  if  of  wood,  be  not  less  than  four  inches  in  diameter, 
and  not  to  exceed  four  feet  in  height. 

Sec.  5.  All  awnings  hereafter  erected  in  the  lamp  district,  or  in 
any  part  of  any  street  within  three  hundred  feet  of  any  public  lamp, 
shall  be  elevated  at  least  eight  feet  at  the  lowest  part  thereof  above 
the  top  of  the  sidewalk,  and  shall  not  project  over  the  sidewalk  to 
exceed  three-fourths  of  the  width  thereof.  They  shall  be  supported 
without  posts  by  iron  brackets,  or  by  an  iron  frame-work  attached 
firmly  to  the  building,  so  as  to  leave  the  sidewalk  wholly  unob¬ 
structed  thereby.  All  awnings  heretofore  erected  in  the  lamp  dis- 


160 


ORDINANCES 


trict,  or  in  any  part  of  any  street  within  three  hundred  feet  of  any 
public  lamp,  in  a  different  manner,  shall  be  removed  in  a  reasonable 
time  after  notice,  as  hereinafter  specified.  All  awnings  erected  in 
any  place  without  the  lamp  district  shall  be  elevated,  in  the  lowest 
part  thereof,  at  least  eight  feet  above  the  top  of  the  sidewalk,  and 
may  be  supported  by  a  rail  placed  on  posts  erected  on  the  outer  edge 
of  the  sidewalk.  If  any  person  shall  erect  any  awning  contrary  to 
the  provisions  hereof,  or  shall  refuse  or  neglect  to  remove  any  awn¬ 
ing  or  awning  posts,  immediately  after  verbal  or  written  notice  to 
remove  the  same,  given  by  the  Mayor,  any  Alderman,  Street  Com¬ 
missioner  or  City  Marshal,  every  such  person  shall,  on  conviction, 
forfeit  and  pay  to  said  city  the  sum  of  three  dollars  for  each  offense, 
and  the  further  sum  of  three  dollars,  for  every  forty-eight  hours 
during  which  he  shall  neglect  to  comply  with  the  requirements  of 
such  notice. 

Sec.  6.  No  person  or  persons  shall  place  upon,  or  suffer  to  be 
placed  upon  any  sidewalk  in  this  city,  any  goods,  wares,  or  merchan¬ 
dise,  for  sale  or  show,  beyond  three  feet  from  the  front  line  of  the 
lot  where  such  goods  may  be  so  exposed. 

Sec.  7.  No  person  or  persons  receiving  or  delivering  goods, 
wares  or  merchandise  in  this  city  shall  place  or  keep  upon,  or  suffer 
to  be  placed  or  kept  upon,  any  sidewalk  in  said  city,  any  goods,  wares 
or  merchandise  which  he  or  they  may  be  receiving  or  delivering, 
without  leaving  a  passage  way  clear  upon  such  sidewalk  where  such 
goods  may  be,  of  six  feet  wide,  for  the  use  of  foot  passengers ;  and 
no  person  or  persons  receiving  or  delivering  such  goods  shall  suffer 
the  same  to  be  or  to  remain  on  such  sidewalk  (subject,  nevertheless, 
to  the  foregoing  restrictions)  for  a  longer  period  than  twenty-four 
hours  ;  and  any  person  or  persons  violating  any  of  the  provisions  of 
this  or  the  foregoing  section,  shall  forfeit  and  pay  to  said  city  a  sum 
not  less  than  three  dollars  nor  more  than  ten  dollars,  and  shall  be 
subject  to  a  like  penalty  for  each  day  the  said  goods,  or  any  part 
thereof,  shall  remain  as  aforesaid  after  notice  to  remove  the  same. 

Sec.  8.  That  any  person  or  persons  who  shall  sell  or  attempt  to 
sell,  or  shall  cry  for  sale  at  public  auction  in  this  city,  any  goods, 
chattels  or  personal  property  whatever,  to  any  person  or  persons, 
upon  the  sidewalks  or  streets  within  said  city,  so  as  to  collect  a  crowd 
of  people  upon  the  said  sidewalks  or  streets,  whereby  the  free 
passage  thereof  of  any  person  or  persons  is  prevented  or  hindered, 
shall  be  deemed  guilty  as  the  author  of  a  nuisance,  and  of  obstruct¬ 
ing  the  said  sidewalks  or  streets,  and  shall  be  severally  subject  to  a 
fine  of  ten  dollars.  This  section  shall  include  licensed  auctioneers 
of  the  city  of  Freeport,  and  it  is  hereby  made  the  express  duty  of 
the  City  Marshal  and  all  Police  officers  to  cause  the  strict  observance 
of  this  and  all  other  ordinances  relative  to  the  obstructions  of  side¬ 
walks  and  streets  within  said  city. 


SIDEWALKS. 


101 


Sec.  9.  No  person  shall  at  any  time  fasten  any  horse  or  horses 
in  such  a  way  that  the  horse,  vehicle,  reins  or  lines  shall  be  an 
obstacle  to  the  free  use  of  the  sidewalk,  under  a  penalty  of  one  dollar 
for  each  offense,  and  the  person  in  whose  possession  or  use  such  horse 
or  horses  shall  then  be,  shall  be  deemed  the  offender,  unless  he  can 
prove  the  contrary  to  the  satisfaction  of  the  Magistrate  before  whom 
he  shall  be  prosecuted. 

Sec.  10.  No  person  or  persons  shall  push  or  draw  back  any 
horse,  wagon,  cart  or  other  vehicle,  over  any  sidewalk,  or  use,  lead, 
ride  or  drive  any  horse,  wagon,  sled  or  sleigh  thereon,  unless  it  be 
in  crossing  the  same  to  go  into  a  yard  or  lot,  where  no  suitable  cross¬ 
ing  or  means  of  access  is  provided,  under  the  penalty  of  one  dollar 
for  each  offense. 

Sec.  11.  No  owner  or  occupant  of  any  dwelling-house,  store  or 
other  building,  shall  fix,  put  up  or  erect,  or  suffer  the  same  to  remain 
fixed,  put  up  or  erected,  any  sign,  show-bill,  show-case,  canvas  or 
other  thing  projecting  from  any  building,  or  hanging  over  the  side¬ 
walk  more  than  three  feet  in  front  of  and  from  the  wall  of  such 
building,  or  hang  up  any  dry  goods,  clothing  or  other  articles  of 
merchandise,  or  any  other  thing,  less  than  eight  feet  above  the  side¬ 
walk,  under  a  penalty  of  five  dollars  for  each  offense,  and  a  like 
penalty  of  five  dollars  for  every  forty-eight  hours  the  same  shall 
remain,  after  being  requested  to  remove  the  same  by  the  Mayor, 
City  Marshal,  Street  Commissioner  or  any  member  of  the  City 
Council. 

Sec.  12.  All  cross-walks  in  this  city  shall  be  kept  and  reserved 
free  from  any  sleighs,  wagons,  carts  or  carriages,  and  horses  or  other 
animals  being  placed  or  suffered  to  stand  thereon,  except  so  far  as 
may  be  necessary  in  crossing  the  same ;  and  the  owner  or  driver  of 
any  sleigh,  wagon,  cart  or  other  carriage,  or  horse  or  other  animal, 
offending  herein,  shall  forfeit  and  pay  a  penalty  of  three  dollars. 

Sec.  13.  The  Mayor,  City  Marshal  or  Street  Commissioner  is 
hereby  authorized  to  cause  any  post  or  other  obstruction  erected, 
placed  or  continued  on  any  sidewalk  contrary  to  the  provisions 
hereof,  to  be  removed,  after  due  notice  has  been  given  to  remove 
the  same,  and  a  neglect  to  comply  with  such  notice. 

21 


162 


ORDINANCES. 


CHAPTER  XXIII. 

An  ordinance  concerning  small  pox. 

Section  Section 

1.  Duty  of  head  of  family  where  small  2.  Duty  of  physician  to  report  all  cases 
pox  exists;  penalty.  of  small  pox  to  the  Mayor;  penalty. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  every  person  residing  in  said  city  of  Freeport,  and 
being  the  head  of  any  family  in  which  there  exists  a  case  of  small 
pox  or  varioloid,  shall  forthwith  post  up  a  notice  in  some  conspicuous 
place  on  or  near  the  house  in  which  such  case  of  small  pox  or  vario¬ 
loid  exists,  written  or  printed  in  plain  letters  on  a  board  not  less 
than  three  feet  in  length  and  six  inches  in  width,  which  notice  shall 
be  substantially  “  Small  Pox  here;”  and  it  shall  be  the  duty  of  such 
person  and  head  of  family  to  maintain  said  notice  so  long  as  said 
case  of  small  pox  or  varioloid  continues.  For  a  failure  to  comply 
with  the  requirements  of  this  section,  such  person  and  head  of 
family  shall,  on  conviction,  be  subject  to  a  fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  offense,  and  a 
like  fine  for  every  twenty-four  hours,  that  such  person  and  head  of 
family  neglects  to  put  up  such  notice,  after  the  existence  of  such  case 
of  small  pox  or  varioloid  is  known  to  him  or  her. 

Sec.  2.  It  is  hereby  made  the  duty  of  every  physician  practicing 
in  said  city,  to  report  forthwith  to  the  Mayor  of  said  city,  every 
case  of  small  pox  or  varioloid  that  he  may  be  attending  in  said  city, 
within  twenty-four  hours  after  the  same  shall  first  come  to  his 
knowledge ;  and  every  physician  who  shall  refuse  or  neglect  to 
report  to  the  Mayor  any  such  case  of  small  pox  or  varioloid  as  above 
required,  shall,  on  conviction,  be  subject  to  a  fine  of  not  less  than 
twenty  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 


STREETS  AND  ALLEYS. 


163 


CHAPTER  XXIV. 

STREETS  AND  ALLEYS. 


An  Ordinance  concerning  streets  and  alleys. 

Section  Section 

1.  Streets  not  to  be  incumbered  without  6.  Fences,  etc.,  in  streets,  when  a  nui- 

permission.  sance,  how  to  be  removed,  expenses 

2.  Obstructions  of  streets  to  be  removed,  thereof  how  recoverable ;  resistance 

etc.;  expenses  of  removal,  how  re-  to  Mayor  how  punished. 

coverable.  7.  Streets  obstructed  by  teams,  how  re- 

3.  Building  materials,  how  long  per-  lieved. 

mitted  in  streets.  8.  Rubbish,  etc.,  not  to  be  thrown  in 

4.  Buildings  not  to  be  placed  in  streets.  streets. 

5.  Obstructions,  how  soon  to  be  remov¬ 

ed. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport.,  That  no  person  shall  incumber  or  obstruct  any  street,  alley 
or  other  public  place  by  placing  therein  or  thereon  any  building 
materials,  or  any  article  or  thing  whatsoever,  without  having  first 
obtained  permission  from  the  Mayor  or  Street  Commissioner,  under 
a  penalty  of  two  dollars  for  each  offense,  and  a  further  penalty  of 
three  dollars  for  each  day  such  incumbrance  or  obstruction  shall 
continue. 

Sec.  2.  The  Mayor,  any  Alderman,  Street  Commissioner  or 
City  Marshal,  is  hereby  authorized  to  order  any  article  or  thing 
whatsoever  which  may  incumber  or  obstruct  any  street,  alley  or 
other  public  place  to  be  removed,  and  if  such  article  or  thing  shall 
not  be  removed  within  one  day  after  notice  to  the  owner  thereof  to 
remove  the  same,  to  cause  the  same  to  be  removed  to  some  suitable 
place.  And  the  owner  of  any  article  so  removed  shall  forfeit  and 
pay  to  said  city  the  sum  of  five  dollars  in  addition  to  the  expenses 
of  such  removal,  which  expenses  shall  be  recoverable  in  the  same 
manner  as  are  the  expenses  for  the  removal  of  nuisances. 

Sec.  3.  Neither  the  Mayor  nor  Street  Commissioner  shall  grant 
permission  to  place  or  keep  any  building  materials  in  any  of  the 
streets  or  alleys  of  this  city  for  a  longer  period  than  four  months  ; 
and  such  permission  shall  not  authorize  the  obstructing  of  more  than 
one-half  the  carriage  way  and  one-half  the  sidewalk,  except  in  cases 
of  urgent  necessity  and  for  short  periods  ;  and  such  permission  shall 
be  deemed  void  whenever  the  person  to  whom  the  same  is  granted 
shall  extend  the  obstruction  beyond  the  limits  prescribed  therein. 


164 


ORDINANCES 


Sec.  4.  Every  person  who  shall  erect  or  place  any  building  in 
whole  or  in  part,  upon  any  street,  alley,  sidewalk,  or  other  public 
grounds  within  this  city,  shall,  on  conviction,  forfeit  and  pay  to  said 
city  a  sum  not  less  than  twenty-five  dollars,  nor  more  than  one 
hundred  dollars. 

Sec.  5.  The  owner  of  any  building,  fence,  or  other  obstruction 
now  standing,  or  which  may  hereafter  be  erected  or  placed  upon  any 
street,  alley,  sidewalk  or  public  ground  within  this  city,  shall  remove 
the  same  within  thirty  days  after  he  shall  be  required  so  to  do,  by  a 
notice  in  writing  signed  by  the  Mayor.  For  every  violation  of  tJiis 
section  the  offender  shall,  on  conviction,  forfeit  and  pay  to  said  city 
the  sum  of  fifty  dollars,  and  the  further  sum  of  fifty  dollars  for  every 
thirty  days  he  shall  continue  in  such  violation. 

Sec.  6.  Whenever  the  owner  of  any  building,  fence  or  other 
obstruction  standing  or  encroaching  upon  any  street,  alley,  sidewalk 
or  public  ground  in  this  city  shall  refuse  or  neglect  to  remove  the 
same,  after  notice  as  provided  in  the  foregoing  section,  the  same 
shall  be  deemed  a  nuisance,  and  it  shall  be  lawful  for  the  Mayor  to 
cause  the  same  to  be  removed  or  taken  down  in  his  discretion,  and 
the  expense  thereof  shall  be  recoverable  of  the  owner  in  an  action 
of  assumpsit,  or  by  assessment  on  the  premises  in  the  manner  pro¬ 
vided  in  the  ordinance  concerning  nuisances  ;  and  every  person  who 
shall  oppose  or  resist  the  execution  of  the  orders  of  the  Mayor,  made 
in  pursuance  hereof,  shall  forfeit  and  pay  to  said  city  the  sum  of  fifty 
dollars. 

Sec.  7.  Whenever  from  any  cause  any  street  or  alley  of  this 
city  shall  be  obstructed  by  teams  or  carriages  standing  in  such  street 
or  alley,  or  by  a  press  of  teams  attached  to  vehicles,  loaded  or  other¬ 
wise,  the  Mayor,  any  Alderman,  City  Marshal,  Police  officer  or 
Street  Commissioner  may  give  such  directions  in  regard  to  the 
removal  of  such  teams,  vehicles,  etc.,  as  in  the  opinion  of  such  officer 
may  be  required  for  the  public  convenience  ;  and  any  person  or  per¬ 
sons  refusing  or  neglecting  to  obey  such  directions  shall  forfeit  and 
pay  to  said  city  a  sum  of  not  less  than  one  dollar  nor  more  than  ten 
dollars,  and  may  be  arrested  forthwith  to  answer  for  such  refusal  or 
neglect. 

Sec.  8.  Whoever  shall  sweep,  throw  or  deposit  any  straw, 
dirt,  filth,  chips,  shells  or  other  rubbish  in  any  street,  alley  or  other 
public  place,  or  upon  any  sidewalk  in  this  city,  shall,  on  conviction, 
forfeit  and  pay  to  said  city  for  each  offense  a  sum  of  not  less  than 
one  dollar  nor  more  than  ten  dollars. 


STREETS  AND  ALLEYS. 


165 


An  Ordinance  to  extend  Clay  street  and  locating  and  designating  West  street. 

Section  Section 

1.  Clay  street  extension  located  and  3.  Mayor  to  proceed  to  open  said  streets, 

designated.  how  and  when,  etc., 

2.  West  street  located  and  designated. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  a  street  of  the  width  of  sixty  feet  be  opened  as  fol¬ 
lows,  to  wit :  Commencing  at  the  south-west  corner  of  the  north¬ 
west  quarter  of  the  north-west  quarter  of  section  number  thirty-one, 
in  township  twenty -seven,  north  of  range  number  eight  east,  run¬ 
ning  thence  eastwardly  on  and  along  the  south  boundary  of  said 
quarter  quarter  section  to  the  south-east  corner  of  the  same,  thence 
continuing  in  the  same  direction  to  the  intersection  of  Clay  street  in 
said  city  of  Freeport,  said  line  above  described  being  the  center  of 
said  street  from  the  westerly  end  of  said  street  to  the  south-east 
corner  of  said  quarter  quarter  section  and  a  continuation  of  said  line 
to  the  intersection  of  said  Clay  street  shall  be  the  center  of  said  street 
to  the  termination  thereof.  Said  street  shall  be  known  and  designated 
as  Clay  street. 

Sec.  2.  That  a  street  of  the  width  of  sixty-six  feet  be  located, 
designated  and  opened  as  follows,  to  wit:  Commencing  at  the 
north-east  corner  of  section  number  thirty-six,  in  township  twenty- 
seven,  north  of  range  seven  east,  running  thence  south  along  the 
township  or  range  line  to  the  quarter  section  corner  on  the  east  side 
of  said  section  thirty-six — said  township  or  range  line  to  be  the 

center  of  said  street;  said  street  shall  be  called,  known  and  designated 

• 

as  West  street. 

Sec.  3.  That  the  Mayor  proceed  to  open  said  streets,  and  for 
that  purpose  to  agree  with  the  owners  of  the  land  over  which  said 
streets  are  located,  and  to  receive  in  behalf  of  the  city  releases  frbm 
such  owners  of  the  right  of  way,  and  in  cases  where  the  Mayor  shall 
be  unable  to  agree  with  the  owners  of  the  land  for  the  right  of  way 
as  aforesaid,  he  shall  proceed  to  summon  a  jury  to  assess  the  dam¬ 
ages  as  provided  in  section  one,  article  seven  of  the  City  Charter. 

Passed  April  28,  1855. 


166 


ORDINANCES. 


An  Ordinance  vacating  certain  streets  and  alleys  therein  mentioned,  extending 
Monterey  street  and  authorizing  the  conveyance  of  certain  land  to  John  A. 
Clark. 

Section  Section 

1.  Certain  streets  and  alleys  vacated.  3.  Mayor  authorized  and  directed  to 

2.  Monterey  street  extended.  convey  certain  lands  mentioned 

therein. 

Section  1 .  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  alley  through  block  seventy-eight  in  the  original 
town  of  Freeport,  and  all  that  part  of  Mechanic  street,  in  the  said 
original  town  of  Freeport,  north  of  Webster  street,  also  all  that  part 
of  Monterey  street  in  Clark’s  addition  to  the  town  of  Freeport,  lying  • 
east  of  lots  three,  four  and  five,  in  block  number  five,  and  also  all 
that  part  of  Summit  street  in  said  Clark’s  addition  to  the-  town  of 
Freeport,  lying  east  of  Winnebago  street,  be  and  the  same  are 
hereby  vacated  and  discontinued. 

Sec.  2.  That  Monterey  street,  in  Clark’s  addition  to  the  town 
of  Freeport,  be  and  the  same  is  hereby  extended  north-easterly  from 
the  corner  of  blocks  three  and  five,  in  said  Clark’s  addition,  to  the 
intersection  of  the  same  with  the  Illinois  Central  Railroad,  the  same 
to  be  of  the  width  of  sixty-six  feet,  and  to  be  laid  out  on  the  same 
course  with  the  northerly  boundary  of  said  block  number  three, 
that  the  same  be  opened  and  known  as  Monterey  street. 

Sec.  8.  That  in  consideration  of  the  opening  and  releasing  all 
claim  for  damages  for  the  extension  of  Monterey  street  as  described 
in  section  two  of  this  ordinance,  to  the  city  by  John  A.  Clark,  the 
owner  of  the  land,  the  Mayor  is  hereby  authorized,  empowered  and 
directed  to  convey  by  deed,  for  and  in  behalf  of  the  city  of  Free¬ 
port,  the  alley  and  parts  of  streets  vacated  and  discontinued  by,  and 
described  in,  section  one  of  this  ordinance,  to  said  John  A.  Clark, 
his  heirs  and  assigns. 

Passed  August  29,  1856. 


STREETS  AND  ALLEYS. 


167 


An  Ordinance  to  extend  Stephenson  and  Adams  streets. 

Section  Section 

1.  Part  of  Stephenson  street  designated.  /3.  Said  streets  to  be  subject  to  the  pro- 

2.  Part  of  Adams  street  designated.  visions  relating  to  streets  and  alleys. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  public  road  leading  westwardly  from  the  end  of 
Stephenson  street  to  the  west  line  of  the  city,  shall  hereafter  be 
known  and  designated  as  Stephenson  street. 

Sec.  2.  That  the  public  road  leading  south-eastwardly  from  the 
end  of  Adams  street  to  the  line  of  the  city,  shall  hereafter  be  known 
and  designated  as  Adams  street.  / 

Sec.  3.  Said  streets  extended  as  aforesaid  shall  be  subject  to  the 
provisions  of  all  laws  and  ordinances  relating  to  streets  and  alleys 
in  the  city. 

Passed  April  10,  1855. 


An  Ordinance  locating  and  designating  Savanna  street. 

Section  Section 

1.  Savanna  street  located.  2.  Mayor  to  open  same. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  a  street  of  the  width  of  sixty-six  feet  be,  and  the 
same  is  hereby  established  and  located  as  follows  :  Commencing  at 
the  south-east  corner  of  section  number  thirty -six  in  township  num¬ 
ber  twenty-seven  north,  of  range  number  seven  east,  and  running 
thence  west  on  and  along  the  south  line  of  said  section  to  the  west 
line  of  the  city,  the  said  line  to  be  the  center  of  said  street ;  said 
street  to  be  known  and  designated  as  Savanna  street. 

Sec.  2.  And  be  it  further  ordained ,  That  the  Mayor  proceed  to 
cause  said  street  to  be  opened,  whenever  and  as  soon  as  the  owners 
of  the  land  over  which  said  street  passes  shall  release,  free  of 
expense  to  the  city,  the  right  of  way  for  said  street. 

Passed  November  1,  1858. 


168 


ORDINANCES. 


An  Ordinance  extending  Scott,  Walnut,  Jackson  and  Locust  streets;  also  a  cer¬ 
tain  alley,  vacating  certain  streets,  and  authorizing  the  conveyance  of  certain 
lands  to  Chancellor  Martin. 

Section  Section 

1.  Parts  of  Walnut  and  Jackson  streets  block  fourteen. 

vacated.  3.  Certain  lands  authorized  to  be  con- 

2.  Scott,  Walnut,  Jackson  and  Locust  veyed  to  Chancellor  Martin. 

streets  extended  ;  alley  opened  in 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  all  that  part  of  Walnut  street,  which  lies  east  of 
Scott  street  as  hereinafter  located  and  established,  and  all  that  part 
of  Jackson  street  lying  east  of  Cherry  street  and  west  of  Walnut 
street,  be  and  the  same  are  hereby  vacated  and  discontinued. 

Sec.  2.  That  Scott  street,  in  Knowlton’s  first  addition  to  the 
town  of  Freeport,  be  and  the  same  is  hereby  extended  north  to 
intersect  Jackson  street,  the  same  to  be  of  the  width  of  sixty  feet, 
and  be  opened,  established  and  known  as  Scott  street ;  that  Walnut 
street  be  and  the  same  is  hereby  extended  south-easterly  to  inter¬ 
sect  Jackson  street,  the  same  to  be  of  the  width  of  sixty-six  feet, 
and  be  opened  and  known  as  Walnut  street ;  that  Jackson  street,  in 
the  original  town  of  Freeport,  be  and  the  same  is  hereby  extended 
south-westerly  to  intersect  Walnut  street,  the  same  to  be  of  the 
width  of  sixty-six  feet,  and  be  opened  and  known  as  Jackson  street. 
That  an  alley  of  the  width  of  fifteen  feet  be  located,  designated  and 
opened  as  follows,  to  wit :  Commencing  at  and  connecting  with  the 
west  end  of  the  alley  now  running  through  block  number  fourteen, 
of  the  original  town  of  Freeport,  and  running  west  therefrom, 
parallel  with  the  half  section  line  to  Scott  street.  That  Locust  street 
be  and  the  same  is  hereby  extended  as  follows,  to  wit:  Commencing 
at  the  north-easterly  corner  of  Brewster’s  addition  to  the  city  of 
Freeport,  on  Stephenson  street,  and  extending  south  along  the  east 
side  of  said  Brewster’s  addition,  and  Chancellor  Martin’s  addition 
to  the  said  eity  of  Freeport,  to  intersect  the  said  Locust  street ;  the 
east  side  of  said  street  to  be  sixty-feet  distant  at  right  angles  from 
the  above  described  west  line,  and  to  run  thence  south  parallel  with 
the  west  line  of  said  street  to  Galena  street. 

Sec.  3.  That  in  consideration  of  the  aforesaid,  and  releasing  all 
claims  for  damages  for  the  extension  and  opening  of  Scott,  Walnut 
and  Jackson  streets,  as  described  in  section  two  of  this  ordinance, 
to  the  City  by  Chancellor  Martin,  the  Mayor  is  hereby  authorized, 
empowered  and  directed  to  convey  by  deed,  for  and  in  behalf  of  the 
city  of  Freeport,  so  much  and  such  parts  of  Jackson  street  hereby 


STREETS  AND  ALLEYS. 


1(59 


vacated,  and  discontinued,  as  described  in  section  one  of  this  ordi¬ 
nance,  as  lies  next  to  and  adjoining1  lands  or  town  lots  now  owned 
and  belonging  to  said  Chancellor  Martin,  and  all  lands  vacated  and 
discontinued  by  said  section  one  lying  east  of  the  extension  of  Scott 
street,  unto  the  said  Chancellor  Martin,  his  heirs  and  assigns. 

Passed  October  10,  1861. 


An  Ordinance  vacating  a  part  of  Carroll  street,  in  Wright  and  Purinton’s  addi¬ 
tion  to  Freeport,  and  authorizing  the  conveyance  of  the  land  to  Margaret  Fry. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  all  that  part  of  Carroll  street,  in  Wright  and  Purin¬ 
ton’s  addition  to  the  town  of  Freeport,  lying  between  Adams  and 
Division  streets,  and  westerly  of  block  eight  in  said  addition,  be 
and  the  same  is  hereby  vacated  and  discontinued. 

Sec.  2.  That  in  consideration  of  one  hundred  dollars  to  be  paid 
to  the  city  of  Freeport  by  the  said  Margaret  Fry,  she  being  the 
owner  of  all  the  lots  or  lands  adjoining  that  portion  of  Carroll  street 
vacated  and  discontinued  by  section  one  of  this  ordinance,  the 
Mayor  is  hereby  authorized,  empowered  and  directed  to  convey  by 
deed  for  and  in  behalf  of  the  City  of  Freeport,  all  that  part  of  Car- 
roll  street  vacated  and  discontinued  by  and  described  in  section  one 
of  this  ordinance,  to  the  said  Margaret  Fry,  her  heirs  and  assigns. 

Passed  May  21,  1864. 


An  Ordinance  vacating  a  street  between  blocks  two  and  seven  in  Ord way’s  addi¬ 
tion  to  Freeport. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  street  between  blocks  number  two  and  seven, 
running  from  Apple  street  to  Nursery  street,  in  Ord  way’s  addition 
to  the  town  of  Freeport,  be  and  the  same  is  hereby  declared  vacant. 
Passed  March  11,  1865. 

22 


170 


ORDINANCES. 


An  Ordinance  vacating  part  of  Clay  street  in  the  original  town  of  Freeport. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  all  that  part  of  Clay  street,  in  said  city,  which  is 
described  as  follows,  viz:  Beginning  at  a  point  on  the  north  line  of 
lot  number  eight  in  block  number  sixty -seven  of  the  original  town 
of  Freeport,  sixteen  feet  westerly  from  the  north-east  corner  of  said 
lot  eight,  thence  running  westerly  along  the  north  line  of  lots  eight, 
nine  and  ten  in  said  block,  one  hundred  and  thirty-five  feet,  to  the 
north-west  corner  of  said  block,  thence  north  sixty-six  feet  to  Clay 
street,  thence  easterly  along  the  south  line  of  Clay  street,  one  hun¬ 
dred  and  seventeen  and  one-half  feet  to  the  place  of  beginning,  be 
and  the  same  is  hereby  vacated. 

Passed  August  5,  1865. 


An  Ordinance  vacating  the  alley  in  fractional  block  number  eight  in  the  original 
town  (now  city)  of  Freeport 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of  Free¬ 
port,  That  the  alley  in  fractional  block  number  eight,  in  the  original 
town  (now  city)  of  Freeport,  be  and  the  same  is  hereby  vacated  and 
discontinued. 

Sec.  2.  That  in  consideration  of  the  payment  by  George  F. 
Johnson,  the  owner  of  said  fractional  block  number  eight,  to  the 
City  Treasurer  of  the  city  of  Freeport,  for  the  use  of  said  city,  the 
sum  of  ten  dollars,  the  Mayor,  for  and  on  behalf  of  said  city  of 
Freeport,  is  hereby  authorized  and  directed  to  make,  execute  and 
deliver  to  said  George  F.  Johnson  a  quitclaim  deed  of  all  the  right, 
title  and  interest  the  said  city  may  have  in  and  to  said  alley  unto 
the  said  George  F.  Johnson,  his  heirs  and  assigns,  forever. 

Passed  August  6,  1866. 


STREETS  AND  ALLEYS. 


171 


An  Ordinance  vacating  certain  streets  therein  described,  extending  Miami  and 
Webster  streets  and  authorizing  the  conveyance  of  certain  lands  to  Elizabeth 
Dawson. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  all  that  part  of  Wyandotte  street  situate  between 
Winnesheik  addition  and  Hyde  and  Waterman’s  addition,  in  said 
city  of  Freeport,  which  lies  east  of  the  east  line  of  Miami  street  in  the 
said  Winnesheik  addition  to  Freeport;  and  also  all  that  part  of 
Vine  street  which  lies  between  blocks  one  and  two  in  Hyde  and 
Waterman’s  addition  to  the  city  of  Freeport,  be  and  the  same  are 
hereby  vacated  and  discontinued. 

Sec.  2.  That  Miami  street,  in  Winnesheik  addition  to  the  city 
of  Freeport,  be  and  the  same  is  hereby  extended  south  across  block 
two  in  Hyde  and  Waterman’s  addition,  the  same  to  be  of  the 
width  of  sixty  feet  and  to  form  a  continuation  of  said  Miami  street 
as  now  established. 

Sec.  3.  That  in  consideration  of  the  opening  and  releasing  of 
all  claim  for  damages  for  the  extension  of  Miami  street  as  described 
in  section  two  of  this  ordinance,  to  the  city  by  Elizabeth  Dawson, 
the  owner  of  the  land  taken,  and  also  of  land  adjacent  to  the  several 
parts  of  streets  by  this  ordinance  vacated,  the  Mayor  is  hereby 
authorized,  empowered  and  directed  to  convey  by  deed,  for  and  in 
behalf  of  the  city  of  Freeport,  the  several  parts  of  streets  vacated 
and  discontinued  by  and  described  in  section  one  of  this  ordinance 
to  the  said  Elizabeth  Dawson,  her  heirs  and  assigns. 

Sec.  4.  That  Webster  street  in  Union  addition  to  the  city  of 
Freeport,  be  and  the  same  is  hereby  extended  from  the  present 
western  terminus  of  said  street  westwardly  to  intersect  West  street 
in  said  city,  and  so  as  to  form  a  continuation  of  the  said  Webster 
street  in  a  direct  line,  and  of  the  same  width  as  the  said  street  is 
now  established. 

Passed  February  2,  1867. 


An  Ordinance  establishing  Carpenter  street. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  a  street  of  the  width  of  forty-four  feet  to  be  named 


172 


ORDINANCES. 


and  known  as  Carpenter  street,  be  and  the  same  is  hereby  estab¬ 
lished  and  designated  as  follows,  to  wit :  Commencing  on  Cherry 
street  in  the  original  town  of  Freeport,  at  its  intersection  of  the 
alley  through  block  number  eighty-two,  and  running  thence  north¬ 
easterly  through  said  block  to  Walnut  street,  so  that  the  center  line 
of  said  Carpenter  street  shall  coincide  with  the  center  line  of  the 
alley  as  heretofore  existing  through  said  block. 

Sec.  2.  That  inasmuch  as  the  several  owners  of  lots  lying  in 
said  block  eighty-two  and  adjacent  to  the  said  Carpenter  street  as 
established  and  defined  in  section  one  of  this  ordinance,  have 
respectively  petitioned  in  writing  for  the  establishing  of  the  said 
street  as  herein  defined,  and  in  consideration  of  their  opening  said 
street  and  releasing  all  claim  for  damages  therefor,  the  Mayor  is 
hereby  authorized  and  empowered,  upon  the  application  to  him  for 
this  purpose  to  convey  by  deed  for  and  in  behalf  of  the  city  of  Free¬ 
port,  all  interest  which  the  said  city  may  have  in  and  to  all  land 
lying  next  to  and  adjoining  the  lands  of  said  several  owners,  and 
adjacent  to  and  without  the  limits  of  said  Carpenter  street,  as  by 
this  ordinance  established,  to  said  owners  respectively,  their  heirs 
and  assigns. 

Passed  March  9,  1867. 


An  Ordinance  changing  the  name  of  Market  street. 

Section  1.  Beit  Ordained  by  the,  City  Council  of  the  City  of 
Freeport ,  That  the  street  heretofore  called  Market  street,  shall  here¬ 
after  be  known  and  designated  as  Lincoln  Avenue. 

Passed  May  11,  1867. 


An  Ordinance  changing  the  name  of  Galena  road. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  street  heretofore  called  Galena  Hoad,  extending 
from  Exchange  street  north-westerly  to  the  city  limits,  shall  here¬ 
after  be  known  and  designated  as  Galena  Avenue. 

Passed  August  3,  1867. 


173 


TAXES. 


CHAPTER  XXV. 


TAXES. 


An  Ordinance  concerning  the  assessment  and  collection  of  taxes.* 


ARTICLE  I. 
“  II. 


OF  THE  ASSESSMENT  OF  TAXES. 
OF  THE  COLLECTION  OF  TAXES. 


ARTICLE  I.  OF  THE  ASSESSMENT  OF  TAXES. 

Section  Section 

1.  Assessor,  how  and  when  appointed.  8.  Estates  when  valued  by  Assessor  ; 

2.  Assessor  to  take  oath ;  form  of  oath.  personal  property  to  be  assessed  to 

8.  City  Clerk  to  deliver  list  of  lands  to  possessor;  omissions  to  be  entered. 

Assessor  when ;  duties  of  Assessor.  9.  Assessment  roll  to  be  returned  when; 

4.  Assessor’s  roll,  form  of,  etc.  form  of  return. 

5.  Property  exempt  from  taxation;  as-  10.  Objections  to  be  considered  when; 

sessments  for  benefits  not  a  tax.  City  Clerk  to  give  notice;  form  of 

6.  Form  of  roll  for  personal  estate.  notice. 

7.  Duties  of  Assessor  in  assessing  prop-  11.  Rolls  to  be  confirmed  when;  form  of 

erty;  property  how  estimated;  As-  order  of  confirmation. 

sessor  to  add  columns.  12.  City  Council  to  levy  tax  by  ordinance 

or  resolution ;  form  of  ordinance . 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  there  shall  be  appointed  by  the  City  Council,  at  the 
first  meeting  of  said  Council  after  the  organization  thereof,  in  each 
year,  or  as  soon  thereafter  as  practicable,  an  Assessor,  who  shall 
hold  his  office  for  the  term  of  one  year  and  until  his  successor  shall 
be  appointed  and  qualified,  unless  sooner  removed. 

Sec.  2.  It  shall  be  the  duty  of  the  Assessor  before  entering 
upon  the  duties  of  his  office,  to  take  and  subscribe  the  following  oath 
or  affirmation : 


*  Original  Ordinance  passed  November  13, 1855,  amended  by  revision. 


174 


ORDINANCES. 


OATII  OF  ASSESSOR. 

I,  A.  B.,  do  solemnly  swear  (or  “  affirm,”  as  the  case  may  be)  that  I  will  faith¬ 
fully,  diligently  and  impartially  perform  all  the  duties  required  of  me  by  the 
laws  of  the  State  and  the  ordinances  of  the  city  of  Freeport,  as  the  Assessor  of 
taxable  property  in  said  city.  A.  B. 

Sworn  to  and  subscribed  before  me 
this - day  of - ,18  . 

- City  Clerk. 

Sec.  3.  The  City  Clerk  shall,  on  or  before  the  first  Monday  of 
May  in  every  year,  make  out  and  deliver  to  the  Assessor  of  the  city 
a  well  bound  book  containing  a  list  and  description  of  all  taxable 
lots  and  lands  lying  in  the  city.  The  names  of  the  owner  shall  be 
set  opposite  to  their  real  estate,  when  known,  and  when  unknown 
a  biank  shall  be  left  for  the  entry  thereof  by  the  Assessor;  and  it 
shall  be  the  duty  of  the  Assessor  to  fill  the  blank  whenever  he  can 
ascertain  the  name  of  the  owner.  If  any  real  estate  shall  be  omitted 
by  the  Clerk,  or  if  it  should  be  desirable  for  the  convenience  of  the 
owners  that  subdivisions  of  any  lot  or  other  real  estate  should  be 
made  on  the  roll,  in  either  case  it  shall  be  lawful  for  the  Assessor  to 
enter  such  real  estate  and  make  such  subdivisions. 

Sec.  4.  The  following  may  be  the  form  of  the  assessment  roll, 
to  wit : 

assessor’s  roll. 

A  list  of  t  he  taxable  lots,  parts  of  lots,  and  other  real  estate  situate  and  being 
in  the  city  of  Freeport,  with  the  Assessor’s  valuation  thereof,  for  the  year  eighteen 
hundred  and - : 

• 

Original  Town— {or  as  the  case  may  be.) 


Name  of  owner. 

Description. 

Part  of  lot. 

Lot 

|  Block. 

|  Valuation. 

Corrected  val. 

William  Buckley. 

1 

65 

$500  00 

i 

$550 

00 

The  taxable  lands  shall  be  placed  fit  the  end  of  the  roll,  and  it 
shall  be  the  duty  of  the  City  Clerk  to  rule  columns  therein  appropriate 
for  the  entry  thereof. 

Sec.  5.  The  following  real  and  personal  estate  within  the  city 
shall  be  exempted  from  assessment  and  taxation :  1st,  real  and  per¬ 
sonal  property  of  the  United  States ;  2nd,  school  houses,  court  houses, 
jails,  and  the  lands  whereon  situate ;  3rd,  all  property  which  is  or 
may  be  exempt  by  special  law,  and  all  city  and  county  lands  and 
buildings  set  apart  for  city  or  county  purposes ;  4th,  buildings  erected 
for  religious  worship,  and  the  pews  and  furniture  within  the  same, 
and  the  land  whereon  situate,  not  exceeding  ten  acres  ;  5th,  burial 
grounds  and  lots  ;  6th,  buildings  erected  for  the  use  of  any  literary, 
religious,  benevolent,  charitable,  or  scientific  institutions,  and  the 
land  whereon  situate,  not  exceeding  ten  acres ;  also  the  personal 
property  belonging  to  any  such  institutions,  or  connected  with  or 
set  apart  for  the  use  thereof ;  7th,  buildings,  grounds  and  other 


TAXES. 


175 


property  owned  by  the  Stephenson  County  Agricultural  Society.  If 
any  real  estate  exempt  hereby  shall  be  entered  in  the  roll,,  it  shall  be 
the  duty  of  the  Assessor  to  mark  opposite  thereto  in  the  proper  line, 
“  exempt  from  taxation  and  any  tax  which  shall  be  assessed  or 
levied  upon  any  such  property  shall  be  void  :  Provided,  Assessments 
for  benefits  shall  not  be  deemed  a  tax  within  the  meaning  of  this 
section. 

.Sec.  6.  The  City  Clerk  shall  rule  columns  in  the  Assessor’s  roll 
for  the  entry  of  personal  estate  subject  to  taxation.  The  names  of 
owners  of  taxable  personal  property  shall  be  entered  by  the  Assessor 
in  alphabetical  order,  and  the  said  roll  may  be  in  the  following 
form  : 

A  list  of  the  taxable  personal  estate  in  the  city  of  Freeport,  with  the  names  of 
owners  and  the  valuation  thereof,  for  the  year  eighteen  hundred  and - : 


Sec.  7.  The  Assessor  shall,  on  being  provided  with  the  roll 
aforesaid,  proceed  without  delay  to  ascertain  the  value  of  all  real 
and  personal  property  in  the  city,  by  going,  when  practicable,  to 
every  owner  of  such  property.  He  shall  be  governed  in  his  valua¬ 
tion  by  the  cash  value  of  the  property,  and  if  he  shall  deem  it 
necessary,  may  require  every  owner  to  give  in,  under  oath  either 
by  himself  or  agent,  a  list  and  description  of  all  his  real  estate,  with 
the  improvements  thereon,  together  with  the  value  thereof ;  and  a 
list  and  description  of  every  species  of  personal  estate  enumerated  in 
the  sixth  section  of  this  article,  with  the  separate  value  thereof. 
The  Assessor  shall,  in  the  presence  of  such  person,  enter  the  same 
in  his  book,  and  value  each  lot  and  parcel  of  real  estate  and  each 
species  of  personal  property  separately,  placing  the  description  and 
value  opposite  the  name  of  the  person  owning  or  listing  the  same. 
In  estimating  the  value  of  capital  employed  in  merchandising,  the 
Assessor  shall  adopt  as  a  criterion  of  the  value  thereof,  the  value  of 
the  greatest  amount  of  goods  and  capital  on  hand  and  employed  in 
business  at  any  time  in  the  year.  When  the  Assessor  shall  have 
completed  his  assessment  he  shall  add  up  the  several  columns  of  his 


176 


ORDINANCES. 


roll,  and  carry  the  amounts  forward,  so  as  to  show  at  the  end  thereof 
the  total  valuation  of  real  and  personal  estate,  respectively. 

Sec.  8.  If  the  Assessor  shall  not  be  able  to  find  the  owner  of 
any  real  or  personal  estate,  or  if  any  person  shall  refuse  to  take  the 
oath  when  required  by  the  Assessor,  or  shall  give  in  less  than  the 
real  or  true  value  of  his  property,  or  shall  refuse  to  deliver  a  list  of 
his  taxable  property  when  called  on  for  that  purpose,  the  Assessor 
shall,  in  every  such  case,  assess  the  value  of  the  property  of  sut^i  a 
person  according  to  the  best  information  he  can  procure.  Personal 
property  shall  be  assessed  to  the  owner  or  person  in  possession 
thereof.  Any  real  or  personal  estate  which  shall  be  omitted  in  the 
assessment  of  any  year  or  years  shall,  when  discovered  by  the 
Assessor,  be  noted  in  the  roll,  and  shall  be  assessed  with  the  arrear¬ 
ages  of  taxes,  with  interest  thereon,  at  six  per  cent.,  from  the  time 
the  same  should  have  been  paid. 

Sec.  9.  When  the  Assessor  shall  have  completed  his  assess¬ 
ment,  he  shall  sign  the  roll  and  return  the  same  to  the  City  Council 
on  or  before  the  first  Monday  of  August  in  each  year,  unless  further 
time  shall  be  given  for  this  purpose.  The  form  of  his  return  may 
be  as  follows : 

assessor’s  return. 

Assessor’s  Office,  Freeport, - ,  18  . 

The  undersigned,  Assessor  of  the  city  of  Freeport,  does  certify  and  return  to 
the  City  Council,  that  he  has  completed  his  assessment  roll,  and  that  the  fore¬ 
going  is  the  correct  assessment  roll  of  taxable  real  and  personal  estate  in  said  city, 
for  the  year  eighteen  hundred  and - .  A.  B.,  Assessor. 

Sec.  10.  On  the  return  of  said  roll  the  City  Council  shall  fix  a 
day  for  hearing  objections  thereto,  and  City  Clerk  shall  give  notice 
of  the  time  and  place  of  hearing  the  same,  when  and  where  all  per¬ 
sons  feeling  themselves  aggrieved  by  the  assessment  of  their  property 
may  appear  at  the  time  specified  and  make  or  file  their  objections. 
Said  notice  shall  be  published  two  weeks  in  the  corporation  paper, 
and  may  be  in  the  following  form  : 

ASSESSMENT  ROLL. 

City  Clerk’s  Office,  Freeport, - ,  18  . 

Public  notice  is  hereby  given  that  the  assessment  roll  of  taxable  real  and  per¬ 
sonal  estate  in  the  city  of  Freeport  for  the  year  18  ,  has  been  completed  and 
returned  to  the  City  Council  by  the  Assessor.  All  persons  feeling  themselves 
aggrieved  by  the  assessment  of  their  property  are  hereby  requested  to  make  or 

file  their  objections  in  my  office  on  or  before  the - day  of - next,  (or  “inst.”) 

at  which  time  the  same  will  be  heard.  U.  M.  M.,  City  Clerk. 

The  said  roll  may  be  referred  by  the  City  Council  to  a  committee 
for  the  purposes  aforesaid,  but  all  corrections  or  alterations  shall  be 
reported  to  the  Council  for  its  final  action  thereon. 

Sec.  11.  When  said  roll  shall  have  been  revised  and  corrected 
by  the  City  Council  the  same  shall  be  filed,  and  an  order  of  con- 


TAXES 


177 


firmation  shall  be  entered,  which  order  may  be  in  the  following 
form : 

CONFIRMATION  OF  ROLLS. 

The  assessment  roll  for  the  city,  for  the  year  eighteen  hundred  and - ,  hav¬ 

ing  been  duly  made  and  returned  by  the  Assessor,  and  revised  and  corrected  by 
the  City  Council  after  due  notice  to  persons  aggrieved  thereby,  and  full  hearing  of 
all  objections  thereto,  it  is  hereby 

Ordered ,  That  the  said  roll  and  the  several  assessments  therein  contained,  as 
revised  and  corrected  by  the  City  Council,  be  and  the  same  are  hereby  confirmed, 
and  that  a  warrant  issue  for  the  collection  of  the  taxes  which  may  be  assessed 
thereon. 

Sec.  12.  The  City  Council  shall  thereupon  by  an  ordinance  or 
resolution  levy  upon  the  real  and  personal  estate  described  in  said 
rolls  such  sum  or  sums  of  money  as  may  be  required  for  any  purpose 
for  which  they  may  be  authorized  to  levy  a  tax.  Such  ordinance 
may  be  in  the  following  form  : 

ORDINANCE  LEVYING  TAXES. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of  Freeport ,  That  the 

following  taxes  for  the  municipal  year  eighteen  hundred  and - for  the  several 

purposes  hereinafter  specified,  to  wit: - mills  on  the  dollar  for  the  contingent 

and  other  expenses  of  the  city  not  otherwise  specially  provided  for  {and  for  other 
purposes ,  as  the  case  may  be)  be  and  the  same  are  hereby  respectively  levied  and 
assessed  upon  the  real  and  personal  estate  of  the  city  of  Freeport,  according  to  the 
assessed  value  thereof  for  the  year  aforesaid. 

Sec.  2.  The  City  Clerk  is  hereby  directed  to  issue  a  warrant  in  due  form  for  the 
collection  of  taxes  hereby  levied,  returnable  in  ninety  days  from  the  date  thereof. 

23 


178 


ORDINANCES. 


ARTICLE  II.  OF  THE  COLLECTION  OF  TAXES 


Section  Section 

1.  Collector,  how  and  when  appointed;  10.  Collector  to  sell  deliquent  real  estate 

his  term  of  office.  on  precept  of  County  Court;  fees  for 

2.  Collector  to  take  oath  and  give  bond.  selling,  etc.;  Collector  to  give  certifi- 

3.  City  Clerk  to  make  and  deliver  war-  cate,  etc. 

rant,  etc  ;  form  of  warrant.  11.  Collector  to  keep  record  of  sales,  and 

4.  Figures  may  be  used  in  describing  deposit  the  same  with  County  Clerk , 

real  estate.  etc. 

5.  Collector  to  give  receipt;  to  publish  12.  Real  estate  sold  for  taxes  how  re¬ 

notice;  duties  and  powers  of  Col-  deemed. 

lector.  13.  If  not  bid  off  city  may  purchase. 

G.  Notice  of  sale  to  be  given ;  sale  how  14.  New  warrant  may  be  issued  when  ; 

made;  fees  for  selling.  final  settlement  of  Collector;  pro- 

7.  Collector  to  mark  and  receipt  pay-  ceediugs  when  taxes  not  collected 

ments ;  to  pay  over  moneys;  to  take  on  settlement. 

receipts,  one  of  which  to  be  given  to  15.  Penalties  of  officers  for  neglecting 

the  City  Clerk.  duty. 

8.  City  Council  may  extend  the  return  10.  Compensation  of  Collector. 

day  of  any  warrant;  form  of  return  17.  City  Council  may  cause  certificate  for 

of  warrant.  collection  of  taxes  to  be  filed  with 

9.  On  return  of  warrant.  City  Council  County  Clerk;  taxes  how  collected 

to  order  judgment  to  be  obtained  in  such  case. 

against  delinquent  real  estate,  etc. 

Section  1.  And  be  it  further  ordained ,  That  there  shall  be 
appointed  by  the  City  Council  at  the  regular  meeting  of  said  Council 
in  the  month  of  October  in  each  year,  or  as  soon  thereafter  as  prac¬ 
ticable,  a  Collector  of  the  city,  who  shall  hold  his  office  for  the  term 
of  one  year  and  until  his  successor  is  appointed  and  qualified,  unless 
sooner  removed. 

Sec.  2.  Before  entering  upon  the  duties  of  his  office,  said  Col¬ 
lector  shall  take  the  oath  of  office  prescribed  in  the  Constitution  of 
this  State,*  and  for  the  faithful  performance  of  his  duties,  and  shall 
likewise  execute  and  deliver,  in  the  presence  of  the  Mayor  or  City 
Clerk,  a  bond,  with  two  or  more  sureties,  to  be  approved  by  the 
City  Council,  in  the  penal  sum  of  ten  thousand  dollars,  conditioned 
for  the  faithful  performance  of  his  duties  as  defined  by  the  ordinances 
of  said  city  and  the  laws  of  the  State,  and  that  he  will,  when  required 
by  the  City  Council,  pay  over  all  moneys  in  his  custody  belonging 
to  the  city  ;  said  bond  shall  be  filed  in  the  City  Clerk’s  office. 

Sec.  3.  It  shall  be  the  duty  of  the  City  Clerk,  immediately 
after  the  passage  of  an  ordinance  levying  taxes  to  make  out  and 
deliver  to  the  Collector  a  warrant  for  the  collection  thereof.  The 


*  See  Constitution,  Art.  III.,  Sec.  30;  Ibid.,  Art.  XIII,  Sec.  26. 


TAXES. 


179 


warrant  shall  contain  a  full  and  perfect  copy  of  the  assessment  roll, 
with  additional  columns  ruled  therein  for  the  entry  of  each  tax 
which  may  be  levied  by  the  City  Council.  It  shall  be  the  duty  of 
the  City  Clerk  to  estimate  the  several  taxes  and  place  the  same  in 
the  proper  column  opposite  to  the  person  or  property  chargeable 
therewith.  A  column  shall  likewise  be  ruled  in  the  warrant  for  the 
entry  of  payment  when  the  Collector  shall  receive  the  amount  of 
the  taxes.  Said  warrant  shall  be  made  and  delivered  to  the  Collec¬ 
tor  within  six  weeks  after  the  confirmation  of  the  rolls,  unless  further 
time  shall  be  allowed,  returnable  within  ninety  days  from  the  date 
thereof.  It  may  be  in  the  following  form  : 


WARRANT. 


State  of  Illinois,  | 

City  of  Freeport,  ( 

The  People  of  the  State  of  Illinois  to  the  Collector  of  the  City  of  Freeport , 

Greeting: 

Whereas,  The  City  Council  of  the  city  of  Freeport  did  on  the - day  of - , 

18  ,  levy  and  assess  upon  the  assessed  value  for  the  year  eighteen  hundred  and 

- ,  of  the  real  and  personal  estate  hereinafter  described,  the  several  sums  set 

opposite  thereto  in  the  appropriate  column,  respectively,  for  the  general  expenses 
of  the  city,  {and  for  other  ptirposes ,  as  the  case  may  be,)  for  the  municipal  year  eigh¬ 
teen  hundred  and - ,  as  follows:  {Here  describe  thereat  and  personal  estate, 

with  the  valuation  and  taxes  thereon  respectively,  in  the  proper  order,  making  a  perfect 
copy  of  the  corrected  assessment  rolls,  and  specifying  in  separate  columns  the  several  taxes 
levied  by  the  City  Council,  and  carrying  forward  the  total,  leaving  a  blank  column  for  the 
entry  of  payment.  Couclude  as  follows  :) 

Now,  therefore,  you  are  hereby  commanded  to  make,  levy  and  collect  the  said 
several  sums  of  money  set  opposite  to  the  real  and  personal  estate  above  described, 
as  the  taxes  thereon  for  the  year  aforesaid  of  the  goods  and  chattels  of  the  respec¬ 
tive  owners  of  the  said  real  and  personal  estate,  and  hereof  make  due  return  in 
what  manner  you  shall  execute  this  warrant  within  ninety  days  from  the  date 
hereof. 

Witness,  David  H.  Sunderland,  Mayor  of  the 
L.  S.  city  oi  Freeport,  and  the  corporate  seal  thereof 

this - day  of - ,  18  . 

Attest  David  H.  Sunderland,  Mayor. 

U.  M.  M.,  City  Clerk- 

Sec.  4.  In  describing  real  estate,  or  in  stating  the  amount  of 
taxes  severally  or  collectively  upon  any  real  or  personal  estate, 
figures  may  be  used  in  any  roll,  warrant  or  other  proceeding  in 
reference  to  the  assessment  and  collection  of  taxes. 

Sec.  5.  On  issuing  any  warrant  for  taxes  it  shall  be  the  duty  of 
the  City  Clerk  to  take  a  receipt  from  the  Collector.  The  Collector, 
on  receipt  of  the  warrant,  shall  forthwith  proceed  to  collect  the  taxes 
therein  charged,  by  calling  upon  each  person  therein  mentioned,  or 
who  may  chargeable  therewith,  so  far  as  it  may  be  practicable,  and 
demanding  payment  thereof.  He  shall  likewise  publish  a  notice  for 
two  weeks  in  the  corporation  paper  of  the  delivery  of  such  warrant, 
and  requesting  payment  of  the  taxes.  The  Collector  shall  have 
pow’er  by  virtue  of  said  warrant  to  distrain  and  sell  the  personal 
goods  and  chattels  of  any  person  chargeable  with  any  real  or  per- 


180 


ORDINANCES. 


sonal  tax,  in  payment  thereof,  together  with  costs,  who  shall  neglect 
to  pay  the  same  for  a  period  of  ten  days  after  a  personal  demand,  or 
for  thirty  days  after  the  first  publication  of  said  notice  when  no  per¬ 
sonal  demand  shall  have  been  made,  or  who  shall  refuse  to  pay  such 
taxes  on  demand. 

Sec.  6.  Previous  to  any  sale  by  the  Collector  of  any  goods  dis¬ 
trained  by  him,  he  shall  give  at  least  ten  days’  notice  of  the  time 
and  place  of  sale,  with  a  description  of  the  goods  and  chattels  to  be 
sold,  and  the  amount  of  taxes  and  costs  for  which  the  sale  may  be 
made.  Such  notice  shall  be  posted  in  at  least  three  public  places  in 
the  city.  The  sale  shall  be  at  public  auction,  and  no  more  property 
(if  practicable)  shall  be  sold  than  will  be  sufficient  to  pay  the  taxes 
and  costs.  The  surplus  arising  from  the  sale  shall  be  returned  to 
the  owner  of  such  property.  For  levying  and  selling,  in  virtue 
hereof,  the  Collector  shall  be  entitled  to  the  fees  allowed  by  law  to 
Constables  for  like  services. 

Sec.  7.  Whenever  any  tax  shall  be  paid  to  the  Collector  he  shall 
mark  the  word  “  paid  ”  on  the  lace  of  the  warrant  opposite  to  the 
real  and  personal  estate  charged  therewith,  and  give  a  receipt  for 
the  same  to  the  person  making  such  payment.  The  Collector  shall 
pay  into  the  City  Treasury  all  moneys  collected  by  him  as  fast  as 
collected,  and  at  least  as  often  as  every  Monday,  in  the  like  funds 
collected  by  him.  He  shall  take  two  receipts  therefor,  one  of  which 
he  shall  deliver  to  the  City  Clerk,  in  order  that  the  City  Treasurer 
may  be  charged  with  the  amount  thereof,  and  all  moneys  deposited 
by  the  Collector  shall  be  credited  to  him  by  the  City  Clerk. 

Sec.  8.  The  City  Council,  by  resolution,  may,  from  time  to 
time,  extend  the  return  day  of  any  warrant  for  the  collection  of 
taxes  or  assessments,  issued  pursuant  to  this  or  any  ordinance  of  the 
City  Council.  On  the  return  day  it  shall  be  the  duty  of  the  Collector 
to  make  return  thereof  to  the  City  Council,  which  return  may  be  in 
the  following  form  : 


RETURN  OF  WARRANT. 

City  Collector's  Office,  Freeport,  - - ,  18 

State  of  Illinois,  ) 

City  of  Freeport ,  j 

The  undersigned,  Collector  of  the  city  of  Freeport,  makes  return  to  the  City 
Council  of  the  within  and  foregoing  warrant;  that  he  has  collected  the  taxes  on 
all  the  real  and  personal  estate  described  in  said  warrant,  opposite  to  which,  in 
the  appropriate  column,  the  word  “paid”  is  written  ;  that  a  demand  of  payment 
has  been  made  of  the  several  other  taxes  not  marked  paid  in  every  case,  of  the 
persons  mentioned  in  said  warrant  as  liable  to  the  payment  thereof,  and  that  he 
has  not  been  able  to  find  any  personal  property  belonging  to  them,  or  either  of 
them,  subject  to  the  payment  there  f.  He  therefore  returns  the  said  warrant 
unsatisfied  as  to  all  taxes  not  marked  “  paid  ”  on  the  face  of  the  said  warrant. 

- ,  City  Collector. 


Sec.  9.  On  the  return  of  any  warrant  unsatisfied,  in  whole  or  in 
part,  as  to  any  taxes  on  real  estate,  an  order  shall  be  made  by  the 


TAXES. 


181 


City  Council  directing  the  Collector  to  apply  to  the  County  Court  of 
Stephenson  County  for  judgment  against  such  delinquent  real  estate, 
for  the  amount  of  taxes  due  and  unpaid  and  costs,  after  publishing  a 
notice  of  such  intended  application  in  the  corporation  newspaper  for 
thirty  days,  a  copy  of  which  notice,  with  the  certificate  of  the 
printer  or  publisher  of  the  corporation  paper,  shall  be  filed  by  the 
Collector  with  the  Clerk  of  the  County  Court  of  Stephenson  County. 

Sec.  10.  After  having  obtained  judgment,  as  hereinbefore  pro¬ 
vided,  against  such  delinquent  real  estate,  the  Collector  shall  proceed 
to  sell  the  same  under  the  precept  of  the  County  Court,  in  the  same 
manner  and  with  the  same  effect  as  real  estate  is  sold  under  the  laws 
of  this  State,  for  delinquent  State  and  County  taxes.  The  Collector 
shall  be  entitled  to  the  same  fees  for  advertising,  obtaining  judgment, 
selling,  etc.,  to  be  collected  in  the  same  manner,  as  are  allowed  by 
the  laws  of  the  State  for  similar  services.  Every  purchaser  shall  be 
entitled  to  receive  from  the  Collector  a  certificate  of  purchase,  which 
shall  contain  a  description  of  the  property  purchased  by  him,  the 
amount  paid  for  the  same  and  the  date  of  such  purchase. 

Sec.  11.  It  shall  be  the  duty  of  the  Collector  to  keep  an  accurate 
record  of  the  sales  of  real  estate  made  by  him  in  pursuance  hereof ; 
which  record  shall  contain  the  description  of  the  real  estate  sold, 
the  amount  for  which  the  same  was  sold  and  the  name  of  the  pur¬ 
chaser  thereof,  and  it  shall  be  the  duty  of  the  Collector  to  deposit 
said  record  with  the  Clerk  of  the  County  Court  of  Stephenson  County, 
and  the  taxes  collected  by  virtue  of  such  sale  shall  be  deposited  in 
the  City  Treasury. 

Sec.  12.  Ileal  estate  sold  pursuant  to  thfe  provisions  of  this  ordi¬ 
nance  shall  be  redeemed  in  the  same  manner  that  real  estate  sold  for 
delinquent  State  and  County  taxes  is  redeemed  under  the  laws  of 
this  State. 

Sec.  13.  If  at  any  sale  of  real  or  personal  estate  for  taxes  or 
assessments  no  bid  shall  be  made  for  any  parcel  of  land,  or  any 
goods  and  chattels,  the  same  shall  be  struck  off  to  the  city ;  and 
thereupon  the  city  shall  receive  a  certificate  of  the  sale  thereof,  and 
shall  be  vested  with  the  same  rights  as  other  purchasers  at  such 
sales. 

Sec.  14.  If  any  taxes  on  personal  estate  included  in  any  war¬ 
rant  shall  be  unpaid  on  the  return  day  thereof,  a  warrant  may  be 
issued  for  the  collection  thereof  in  the  warrant  book  first  issued, 
which  may  be  made  returnable  on  or  before  the  first  day  of  March 
thereafter;  which  warrant  shall  authorize  the  collection  of  the  taxes 
on  the  personal  estate  returned  as  unpaid  in  the  original  warrant. 
The  Collector  shall  make  a  final  settlement  of  the  taxes  with  the 
City  Council  as  soon  after  the  first  day  of  March  in  each  year  as  said 
Council  may  require.  In  such  settlement  the  Collector  shall  be 
charged  with  the  whole  amount  of  real  and  personal  tax  placed  in 


182 


ORDINANCES. 


his  hands  for  collection,  but  shall  be  entitled  to  a  credit  for  such  part 
of  the  taxes  on  personal  estate,  to  be  specified  in  a  list  to  be  prepared 
by  the  Collector,  as  the  City  Council  shall  be  satisfied,  from  the 
affidavit  of  the  Collector  and  other  evidence,  are  wholly  uncollectible 
and  could  not  have  been  collected  :  Provided ,  If  any  part  of  the 
collectible  personal  tax  shall  be  uncollected  at  the  time  of  such 
settlement,  the  said  Collector  is  hereby  authorized  to  collect  the 
same  for  his  own  benefit,  on  a  warrant  to  be  issued  to  him  for  that 
purpose. 

Sec.  15.  If  any  Clerk,  Collector,  or  other  officer  upon  whom  any 
duty  is  imposed  by  this  ordinance,  shall  neglect  or  refuse  to  perform 
the  same,  or  shall  be  guilty  of  any  malfeasance  or  misfeasance  in 
the  performance  thereof,  he  shall  be  subject  to  a  removal  from  office 
and  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

Sec.  16.  The  Collector  shall  receive  for  his  services  such  salary 
or  other  compensation  as  the  City  Council  may  determine. 

Sec.  17.  If  the  City  Council  elect  so  to  do,  instead  of  collecting 
the  city  taxes  for  any  municipal  year  pursuant  to  the  foregoing  pro¬ 
visions  of  this  ordinance,  said  Council  may,  by  ordinance,  resolution 
or  order,  cause  a  certificate  to  be  filed  in  the  office  of  the  Clerk  of  the 
County  Court  between  the  first  day  of  July  and  the  first  day  of 
October  in  any  year,  certifying  the  rate  of  taxation  levied,  or  to  be 
levied,  upon  the  assessed  valuation  of  all  property  within  the  limits 
of  said  city  as  ascertained  by  the  assessment  for  State  and  County 
purposes;  in  which  case  the  city  taxes  for  such  municipal  year  shall 
not  be  collected  pursuant  to  the  foregoing  provisions  of  this  ordi¬ 
nance,  but  shall  be  collected  pursuant  to  the  provisions  of  section 
nine  of  an  act  of  the  Legislature  of  the  State  of  Illinois,  entitled 
“An  act  to  incorporate  towns  and  cities,”  approved  February  10th, 
1849. 

Passed  September  26,  1857. 


An  Ordinance  levying  taxes  for  the  municipal  year  1867. 

Section  Section 

1.  Taxes  for  general  and  special  pur-  2.  City  Clerk  to  issue  warrant, 
poses  levied. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  the  following  taxes  for  the  municipal  year  eighteen 


WARDS. 


183 


hundred  and  sixty-seven,  to  wit,  five  mills  on  the  dollar  for  the 
contingent  and  other  expenses  of  the  city  not  otherwise  especially 
provided  for,  and  three  mills  on  the  dollar  for  the  payment  of  inter¬ 
est  on  bounty  warrants,  and  two  and  a  half  mills  on  the  dollar  for 
the  payment  of  interest  on  the  outstanding  bonds  of  the  city 
be  and  the  same  are  hereby  respectively  levied  and  assessed  upon 
the  real  and  personal  estate  of  the  city  of  Freeport  according  to  the 
assessed  value  thereof  for  the  year  aforesaid. 

Sec.  2.  The  City  Clerk  is  hereby  directed  to  issue  a  warrant  in 
due  form  for  the  collection  of  the  taxes  hereby  levied,  returnable  in 
ninety  days  from  the  date  thereof. 

Passed  October  1,  1867. 


CHAPTER  XXVI. 

WARDS. 

An  Ordinance  dividing  the  city  into  wards.* 

Section  Section 

1.  City  to  be  divided  into  three  wards.  3.  Boundaries  of  the  second  ward  de- 

2.  Boundaries  of  the  first  ward  defined.  fined. 

4.  Boundaries  of  the  third  ward  defined. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  territory  embraced  within  the  limits  of  the  city 
of  Freeport  be  divided  into  three  wards. 

Sec.  2.  The  boundaries  of  the  first  ward  shall  be  as  follows,  to 
wit:  Commencing  at  the  north-east  corner  of  section  number  thirty- 
six  in  township  number  twenty-seven,  north,  range  number  seven 
east  of  the  fourth  principal  meridian,  running  thence  along  the 
range  line  to  the  north  or  left  bank  of  the  Pecatonica  river,  thence 
down  stream  along  said  left  bank  of  said  river  to  the  line  dividing 
the  north  half  from  the  south  half  of  the  south-west  quarter  of  section 
number  thirty  in  township  twenty-seven  north  of  range  eight  east 
of  the  fourth  principal  meridian,  thence  east  to  the  north-east  corner 
of  south-west  quarter  of  the  south-west  quarter  of  section  number 
twenty-nine  in  the  township  last  aforesaid,  thence  south  to  the 
north  bank  of  the  said  Pecatonica  river,  thence  up  stream  along  said 

*  Wards  as  defined  by  this  ordinance  were  established  by  the  President  and 
Trustees  of  the  town  of  Freeport  March  2, 1855. 


184 


ORDINANCES. 


left  or  northerly  bank  of  said  river  to  the  bridge  across  said  river 
opposite  the  end  of  Stephenson  street  in  the  city  of  Freeport,  thence 
across  said  river  on  3aid  bridge,  thence  to  the  north-easterly  end  of 
said  Stephenson  street,  thence  south-westwardly  along  the  center  of 
said  Stephenson  street  in  said  city  of  Freeport  to  the  west  boundary 
of  the  east  half  of  the  east  half  of  section  number  thirty-six,  town¬ 
ship  twenty-seven  north  range  seven  east,  thence  north  to  the  north 
boundary  of  said  section  thirty-six,  thence  east  to  place  of 
beginning. 

Sec.  3.  The  boundaries  of  the  second  ward  shall  be  as  follows, 
to  wit :  Commencing  in  the  center  of  said  Stephenson  street  in  said 
city  of  Freeport  at  the  point  of  intersection  of  said  street  with 
Exchange  street,  running  thence  south-eastward ly  along  the  center 
of  Exchange  street  to  Broadway,  thence  along  the  center  of  Broad¬ 
way  south-eastwardly  to  the  Chicago  Road,  thence  along  the  center 
of  said  Chicago  Road  to  the  south  boundary  of  the  north  half  of  the 
north-west  quarter  of  section  number  five  in  township  twenty-six 
north  range  eight  east,  thence  west  along  the  south  boundary  of  said 
tractand  west  along  the  south  boundary  of  the  north  half  of  the  north 
half  of  section  number  six  in  said  township,  thence  to  the  south-east 
corner  of  north-east  quarter  of  north-east  quarter  of  section  number 
one  in  township  number  twenty-six  north  of  range  seven  east,  thence 
west  along  the  south  boundary  of  said  tract  to  south-west  corner  of 
same,  thence  north  to  the  center  of  said  Stephenson  street,  thence 
eastwardly  along  the  center  of  said  Stephenson  street  in  said  city  of 
Freeport  to  place  of  beginning. 

Sec.  4.  The  boundary  of  the  third  ward  shall  be  as  follows,  to 
wit:  Commencing  on  the  northerly  bank  of  Pecatonica  river  at  the 
point  where  the  east  boundary  of  the  west  half  of  section  number 
thirty-two  in  township  number  twenty-seven  north  of  range  eight 
east  intersects  said  northerly  bank  of  said  river,  running  thence 
south  along  said  line  to  the  township  line,  thence  to  the  north-east 
corner  of  north-west  quarter  of  section  five  in  township  twenty-six 
north  range  eight  east,  thence  south  along  the  east  boundary  of  said 
tract  to  the  center  of  the  Chicago  Road,  thence  north-westwardly 
along  the  center  of  said  Chicago  Road,  along  the  center  of  Broadway 
in  said  city  of  Freeport,  and  along  the  center  of  Exchange  street  to 
the  center  of  Stephenson  street,  thence  north-eastwardly  along  the 
center  of  Stephenson  street  to  the  end  of  the  same,  thence  in  a  direct 
line  to  the  bridge  opposite  the  end  of  said  street  across  the  Peca¬ 
tonica  river,  thence  across  said  bridge  to  the  northerly  bank  of  said 
river,  thence  down  stream  along  the  northerly  or  left  bank  of  said 
river  to  the  place  of  beginning. 


CITY  WARRANTS. 


185 


CHAPTER  XXVII. 

CITY  WARRANTS. 

An  Ordinance  providing  for  City  Warrants  to  be  drawn  with  interest. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  holder  of  any  city  warrant,  or  warrants,  (not 
drawn  with  interest,)  upon  the  presentation  of  the  same  to  the  City 
Clerk,  shall  receive  a  new  city  warrant,  in  the  place  of  the  one 
presented,  which  warrant  shall  be  drawn  in  favor  of  the  holder 
thereof,  with  interest  at  the  rate  of  ten  per  cent,  per  annum,  from 
the  date  thereof ;  and  all  city  warrants  hereafter  issued,  shall  be 
drawn  with  interest  at  the  rate  of  ten  per  cent,  per  annum  from  the 
date  thereof. 

Sec.  2.  That  all  ordinances  heretofore  passed,  for  the  purpose 
of  allowing  interest  on  city  warrants,  drawn  for  city  purposes,  be 
and  the  same  are  hereby  repealed. 

Passed  March  11,  1865. 

24 


186 


ORDINANCES 


CHAPTER  XXVIII. 

WEIGHTS  AND  MEASURES. 


An  Ordinance  for  the  regulation  of  weights  and  measures. 
Section  Section 


1.  Regulation  of  weights  and  measures 

established;  standard. 

2.  Inspector  and  sealer  of  weights  to  be 

appointed ;  term  of  office ;  to  be 
sworn. 

3.  City  Council  to  procure  standards 

and  scales. 

4.  Duties  of  inspector  and  sealer ;  pen¬ 

alty  for  refusing  to  exhibit  weights, 
etc. 

5  Fees  of  inspector  and  sealer. 

G.  To  receive  pay  for  labor  employed, 
etc. 


7  Not  to  make  charges  oftener  than 
once  a  year. 

8.  Penalty  for  using  uninspected 

weights,  etc, ;  for  falsifying  weights 
etc. 

9.  Inspector  to  examine  weights,  ete., 

upon  complaint  of  any  one  inter, 
ested  ,  penalty  tor  using  fraudulent 
weights,  etc. 

10.  Inspector  to  keep  a  register,  etc. ;  to 
report  to  City  Council  when  requir¬ 
ed. 


Section  1.  Be  it  Ordained  try  the  City  Council  of  the  City  of 
Freeport ,  Tint  hereafter  there  shall  be  a  regulation  of  weights  and 
measures  within  this  city,  and  the  standard  adopted  by  the  State  of 
Illinois  shall  be  the  test  by  which  they  shall  be  compared  and 
determined. 

Sec.  2.  There  may  be  appointed  by  the  City  Council  a  com¬ 
petent  and  suitable  person,  who  shall  be  denominated  Inspector  and 
Sealer  of  weights  and  measures,  who  shall  hold  his  office  during  the 
pleasure  of  the  City  Council,  and  who  shall,  before  entering  upon 
the  duties  of  his  office,  take  and  subscribe  an  oath  or  affirmation, 
faithfully  to  execute  the  same. 

Sec.  3.  The  City  Council,  at  the  expense  of  the  city,  shall  pro¬ 
cure  correct  and  approved  standards  with  the  necessary  subdivisions, 
together  with  the  proper  beams  and  scales,  for  the  purpose  of  test¬ 
ing  and  proving  the  weights  and  measures  to  be  used  in  the  city. 

Sec.  4.  It  shall  be  the  duty  of  the  Inspector  and  Sealer  of 
weights  and  measures,  from  time  to  time,  to  examine  and  test  the 
accuracy  of  all  weights,  measures,  scales  or  other  instruments  or 
things  used  by  any  person  for  weighing  or  measuring  any  article 
for  sale  in  said  city ;  to  stamp  with  a  suitable  seal  all  weights,  meas¬ 
ures  and  scales  so  used  which  he  may  find  correct  and  deliver  to  the 
owner  thereof  a  certificate  of  their  accuracy,  and  to  condemn  all 
weights,  measures  and  scales  which  he  may  find  incorrect  upon  such 
inspection.  Any  person  refusing  to  exhibit  any  weights,  measures 


WEIGHTS  A 2s  D  MEASURES 


1ST 


or  scales  or  instruments  for  weighing  or  measuring,  to  said  Sealer 
for  the  purpose  of  examination  and  inspection  as  aforesaid,  or 
obstructing  him  in  the  performance  of  his  duty,  shall  forfeit  and  pay 
to  said  city  the  sum  of  five  dollars  for  each  offense. 

Sec.  5.  The  Inspector  and  Sealer  of  weights  and  measures  shall 
be  entitled  to  demand  and  receive  the  following  fees  for  services 
rendered  by  him  under  this  ordinance,  viz :  For  inspecting  and 
sealing  platform  scales,  including  weights,  each  fifty  cents.  For 
inspecting  and  sealing  large  beams,  including  weights,  twenty-five 
cents.  For  inspecting  and  sealing  counter  scales,  including  weights, 
twenty-five  cents.  For  comparing  and  sealing  measures,  as  follows  : 
bushel  or  half  bushel,  each  ten  cents  ;  for  less  denominations,  each 
five  cents.  For  comparing  and  sealing  wine  measures,  each. five 
-  cents.  For  comparing,  inspecting  and  sealing  cloth  and  board  meas¬ 
ures,  each  five  cents.  For  inspecting  and  testing  scales  for  the 
weighing  of  hay,  one  dollar  each. 

Sec.  6.  The  Inspector  of  weights  and  measures  shall  be  entitled 
to  charge  and  receive  the  fees  as  specified  in  this  ordinance,  and  he 
shall  i»i  every  case  where  he  may  employ  labor  or  material  in  mak¬ 
ing  the  same  accurate,  be  entitled  to  a  just  compensation  therefor. 

Sec.  7.  It  shall  not  be  lawful  for  the  aforesaid  Inspector  and 
Sealer  of  weights  and  measures  to  make  the  aforesaid  charges  for 
inspecting  and  testing  weights,  measures  and  scales  as  aforesaid 
oftener  than  once  in  each  year,  unless  the  same  shall  be  found  not 
conformable  to  the  standard  of  the  State. 

Sec.  8.  No  person  shall  make  use  of  any  weight,  scale,  measure 
or  other  instrument  for  weighing  or  measuring  any  article  for  sale 
in  this  city  until  the  same  has  been  duly  examined  and  sealed  by 
'the  Inspector  and  Sealer  of  weights  and  measures,  if  such  officer  has 
been  appointed  and  qualified,  under  a  penalty  of  not  less  than  one 
dollar  nor  more  than  twenty-five  dollars.  And  any  person  or  per¬ 
sons  altering  any  weights,  measures  or  scales,  causing  the  same  to 
weigh  or  measure  incorrectly,  shall,  on  conviction  thereof,  forfeit 
and  pay  to  said  city  a  sum  not  less  than  one  dollar  nor  exceeding 
fifty  dollars. 

Sec.  9.  When  any  person  shall  be  suspected  of  using  fraudu¬ 
lent  or  incorrect  weights  or  measures,  it  shall  be  the  duty  of  the 
Inspector  and  Sealer  of  weights  and  measures,  upon  the  complaint 
of  any  one  interested,  to  examine  and  test  such  weights  or  meas¬ 
ures,  and  every  person  who  shall  use  any  incorrect  or  fraudulent 
weights  or  measures  with  intent  to  cheat,  or  to  buy  or  sell  fraudu¬ 
lently,  shall,  on  conviction,  be  fined  for  each  offense  in  a  sum  not 
less  than  ten  dollars  nor  more  than  fifty  dollars. 

Sec.  10.  It  shall  be  the  duty  of  the  said  Inspector  and  Sealer  to 
keep  a  register  of  all  weights,  measures,  scale-beams  and  other 
instruments  inspected  by  him,  in  which  he  shall  state  the  names  of 


188 


ORDINANCES. 


the  owners  of  the  same,  and  whether  they  are  conformable  to  the 
standard  of  the  state;  and  it  shall  also  be  his  duty,  whenever 
required  by  the  City  Council,  to  lay  before  said  Council  a  copy  of 
such  register. 


CHAPTEE  XXIX. 

WOOD. 

An  Ordinance  concerning  the  measurement  of  fire- wood. 

Section  Section 

1.  City  Council  to  appoint  measurers  of  kept ;  certificate  given,  to  be  sur- 

wood.  rendered  to  purchaser. 

2.  All  fire-wood  sold  by  the  load  to  be  4.  Measurers  to  be  in  attendance  at  all 

measured;  compensation  of  ruea-  proper  times. 

surer;  penalty.  5.  Penalty  for  falsifying  certificate, etc. 

3.  Register  of  wood  measured  to  be 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Freeport,  That  there  may  be  appointed  by  the  City  Council,  from 
time  to  time,  such  number  ol  competent  persons  as  may  be  deemed 
necessary,  who  shall  be  denominated  measurers  of  fire-wood,  and 
shall  hold  their  offices  during  the  jdeasure  of  the  City  Council. 

Sec.  2.  All  fire-wood  sold  by  the  load  in  this  city  shall  be  mea¬ 
sured  by  one  of  said  measurers,  and  such  measurers  shall  be  allosved 
to  demand  and  receive  ten  cents  for  each  load  of  fire-wood  measured 
by  them,  to  be  paid  by  the  seller.  Any  person  selling  fire-wood 
who  shall  violate  the  provisions  of  this  section,  shall  forfeit  and  pay 
to  said  city  the  sum  of  five  dollars:  Provided,  however,  that  this 
section  shall  be  of  no  force  unless  there  shall  be  an  acting  measurer 
of  fire-wood  as  provided  for  in  section  one  of  this  ordinance. 

Sec.  8.  It  shall  be  the  duty  of  each  of  said  measurers  to  keep  a 
book  in  which  he  shall  make  an  entry  of  each  load  of  wood  by  him 
measured,  the  quantity  thereof  and  for  whom  measured ;  and  such 
measurer  shall  give  to  the  person  presenting  any  load  of  wood,  a 
certificate,  in  which  shall  be  stated  the  quantity  of  wood  in  such 
load,  for  whom,  and  the  date  when  the  same  was  measured,  which 
certificate  shall  be  surrendered  to  the  purchaser. 

Sec.  4.  It  shall  be  the  duty  of  one  or  more  of  said  measurers 
to  be  at  all  reasonable  times  in  attendance  at  such  places  as  may  be 
designated  by  the  City  Council  as  wood  stands,  within  this  city,  for 
the  purpose  of  measuring  wood. 


ORDINANCES. 


189 


Sec.  5.  Any  person  who  shall  have  had  a  load  of  wood  mea¬ 
sured  as  aforesaid,  and  shall  sell  or  dispose  of  apart  thereof,  or  shall 
diminish  the  quantity  thereof,  or  in  any  way  falsify  the  certificate 
of  the  measurer,  or  shall  suffer  the  same  to  be  done  with  intention 
of  deceiving,  shall  forfeit  and  pay  to  said  city  the  sum  of  ten  dollars 
for  each  offense.  # 


CHAPTER  XXX. 

ORDINANCES. 


An  Ordinance  concerning  ordinances. 

ARTICLE  I.  OF  THE  CONSTRUCTION  AND  EFFECT  OF  ORDINANCES  IN 
CERTAIN  CASES. 

“  II.  OF  ORDINANCES  PUBLISHED  IN  THE  VOLUME  STYLED  “  THE 
REVISED  ORDINANCES,”  ETC. 


ARTICLE  I.  OF  THE  CONSTRUCTION  AND  EFFECT  OF  ORDINANCES 

IN  CERTAIN  CASES. 


Section  Section 


1.  Ordinances  to  be  recorded;  when  to 

be  published  ;  how  attested. 

2.  Shall  take  effect  from  due  publica¬ 

tion,  unless  otherwise  provided. 

3.  Repealing  ordinance  when  to  take 

effect ;  no  suit  or  other  right  to  be 
affected  by  repeal  unless  otherwise 
provided. 

1.  When  same  offense  created  by  differ¬ 
ent  sections,  prosecuting  officer  to 
elect  under  which  to  proceed. 


5.  When  a  repealing  ordinance  is  re¬ 

pealed  not  to  be  deemed  a  reviver 
of  the  former. 

6.  Certain  words  used  in  ordinances, 

how  to  be  construed. 

7.  When  no  penalty  provided  for  a 

breach,  certain  fine  may  be  impos¬ 
ed. 

8.  In  what  cases  acting  Mayor  shall 

exercise  duties  and  powers  of  Mayor. 


Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  all  ordinances  hereafter  passed  by  the  City  Council 
of  the  city  of  Freeport,  shall  be  recorded  by  the  City  Clerk  in  the 
book  of  ordinances,  and  shall  within  one  month  after  they  shall 
have  been  passed  be  published  in  the  corporation  paper ;  and  due 


190 


ORDINANCES. 


proof  of  the  publication  of  all  ordinances,  by  the  affidavit  of  the 
printer  or  publisher,  shall  be  procured  by  the  City  Clerk  and  attached 
thereto,  or  written  and  attested  upon  the  face  of  the  record  of  such 
ordinances. 

Sec.  2.  All  ordinances  passed  by  the  City  Council  shall  take 
effect  from  and  after  the  due  publication  thereof  in  the  corporation 
paper,  unless  therein  otherwise  expressly  provided. 

Sec.  3.  Whenever  an  ordinance  or  part  of  ordinance  shall  be 
repealed  or  modified  by  a  subsequent  ordinance,  the  ordinance  or 
part  of  ordinance  thus  repealed  or  modified  shall  continue  in  force 
until  the  due  publication  of  the  ordinance  repealing  or  modifying 
the  same  unless  therein  otherwise  expressly  provided.  But  no  suit, 
proceedings,  right,  fine,  or  penalty,  instituted,  created,  given,  secured 
or  accrued  under  any  ordinance  previous  to  its  repeal,  shall  in  any¬ 
wise  be  affected,  released  or  discharged,  but  may  be  prosecuted, 
enjoyed  and  recovered  as  fully  as  if  such  ordinance  had  continued 
in  force,  unless  it  shall  be  therein  otherwise  expressly  provided. 

Sec.  4.  In  all  cases  where  the  same  offense  may  be  punishable 
or  shall  be  created  by  different  clauses  or  sections  of  the  ordinances 
of  the  city,  the  prosecuting  officer  may  elect  under  which  to  pro¬ 
ceed  ;  but  not  more  than  one  recovery  shall  be  had  against  the  same 
person  for  the  same  offense. 

Sec.  5.  When  an  ordinance  repealing  a  former  ordinance,  clause 
or  provision  shall  be  itself  repealed,  such  repeal  shall  not  be  con¬ 
strued  to  revive  such  former  ordinance,  clause  or  provision,  unless  it 
shall  be  therein  so  expressly  provided. 

Sec.  6.  Whenever  any  words  in  any  ordinance,  importing  the 
plural  number,  shall  be  used  in  describing  or  referring  to  any  matters, 
parties  or  persons,  any  single  matter,  party  or  person,  shall  be 
deemed  to  be  included,  although  distributive  words  may  not  be 
used.  And  when  any  subject  matter,  party  or  person  shall  be 
referred  to  in  any  ordinance,  by  words  importing  the  singular  num¬ 
ber  only,  or  the  masculine  gender,  several  matters,  parties  or  persons, 
and  females  as  well  as  males,  and  bodies  corporate,  shall  be  deemed 
to  be  included  :  Provided,  That  these  rules  of  construction  shall  not 
be  applied  to  any  ordinance,  which  shall  contain  any  express  pro¬ 
vision  excluding  such  construction,  or  where  the  subject  matter  or 
context  of  such  ordinance  may  be  repugnant  thereto. 

Sec.  7.  Whenever  in  any  ordinance  the  doing  of  any  act  or  the 
omission  to  do  any  act  or  duty  is  declared  to  be  a  breach  thereof,  and 
there  shall  be  no  fine  or  penalty  declared  for  such  breach,  any  person 
who  shall  be  convicted  of  any  such  breach,  shall  be  adjudged  to  pay 
a  fine  of  not  less  than  one  dollar  nor  more  than  one  hundred  dollars. 

Sec.  8.  Whenever  any  power  shall  be  vested  in  the  Mayor,  or 
he  shall  be  required  to  do  any  act,  or  perform  any  executive  func¬ 
tion,  in  his  absence  it  shall  be  the  duty  of  the  Mayor  pro  tem.  or 


ORDINANCES. 


191 


presiding  officer  of  the  City  Council,  for  the  time  being,  to  exercise 
such  power  and  perform  such  act  or  executive  function,  as  fully  as 
if  expressly  named  in  the  ordinance,  unless  it  shall  be  therein  other¬ 
wise  expressly  provided,  or  such  act  would  be  in  derogation  of  the 
Charter. 


ARTICLE  II.  OF  ORDINANCES  PUBLISHED  IN  THE  VOLUME  STYLED 
“  THE  REVISED  ORDINANCES,”  ETC. 

Section  Section 

1.  Section  passing  amended  and  new  3.  Authentication  of  ordinances  so  as 

ordinances.  to  be  made  evidence. 

2.  Ordinances  repealed ;  effect  of  repeal.  4.  When  this  ordinance  to  take  effect. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Freeport ,  That  the  following  ordinances  severally  described  by  the 
captions  of  the  several  chapters,  printed  and  contained  in  the  pre¬ 
ceding  pages  of  this  book,  including  this  ordinance,  that  is  to  say, 
in  a  book  entitled  “The  Revised  Ordinances,”  etc.,  printed  by 
James  S.  McCall,  and  published  by  order  of  the  City  Council  of  the 
city  of  Freeport,  and  purporting  to  be  “  The  Revised  Ordinances  of 
“  the  city  of  Freeport ,  Illinois ,  (to  February  21  st,  1868,  inclusive ,) 
“  together  with  the  Charter  of  said  city ,  the  several  amendments  thereto, 
“  and  other  miscellaneous  A  cts  relating  to  cities,  revised  and  republished 
“  by  order  of  the  City  Council,  by  Henry  M.  Barnum ,  City  Attorney ,” 
be  and  the  same  are  hereby  ordained  by  the  City  Council  of  the  City 
of  Freeport,  and  declared  to  be  ordinances  of  said  city ,  that  is  to 
say — 

Chapter  1,  “  An  Ordinance  establishing  the  City  Seal.” 

Chapter  2,  “  An  Ordinance  concerning  Assessments  for  Public 
Improvements.” 

Chapter  3,  “  An  Ordinance  authorizing  the  issue  of  Bonds.” 

Chapter  4,  “  An  Ordinance  concerning  Bridges.” 

Chapter  5,  “  An  Ordinance  concerning  the  Freeport  Cemetery, 
and  City  Sexton.” 

Chapter  6,  “  An  Ordinance  concerning  City  officers,  and  pre¬ 
scribing  their  duties.” 

Chapter  7,  “  An  Ordinance  concerning  the  Corporation  News¬ 
paper.” 

Chapter  8,  “  An  Ordinance  concerning  Dogs.” 


192 


ORDINANCES. 


Chapter  9,  “  An  Ordinance  regulating  the  mode  of  holding 
Elections.” 

Chapter  10,  “  An  Ordinance  concerning  the  Fire  Department.” 

Chapter  11,  “  Ordinances  establishing  the  grade  of  certain 
Streets.” 

Chapter  12,  “  An  Ordinance  concerning  Gunpowder  and  Gun¬ 
cotton.” 

Chapter  13,  “  An  Ordinance  concerning  Hay  and  Wood  stands.” 

Chapter  14,  “An  Ordinance  concerning  Licenses.” 

Chapter  15,  “  An  Ordinance  concerning  offenses  in  the  nature  of 
Misdemeanors.” 

Chapter  16,  “  An  Ordinance  concerning  Nuisances.” 

Chapter  17,  “  An  Ordinance  establishing  and  regulating  the 
Police  Department.” 

Chapter  18,  “  An  Ordinance  concerning  proceedings  before  the 
Police  Magistrate  for  fines  and  penalties.” 

Chapter  19,  “  An  Ordinance  concerning  Private  Drains.” 

Chapter  20,  “  An  Ordinance  concerning  Rail  Roads.” 

Chapter  21,  “  An  Ordinance  establishing  the  City  Scales,  and 
regulating  the  weight  of  Hay,  etc.” 

Chapter  22,  “  An  Ordinance  concening  Sidewalks.” 

Chapter  23,  “  An  Ordinance  concerning  Small  Pox.” 

Chapter  24,  “  An  Ordinance  concerning  Streets  and  Alleys.” 

Chapter  25,  “  An  Ordinance  concerning  the  Assessment  and 
Collection  of  Taxes.” 

Chapter  26,  “  An  Ordinance  dividing  the  City  into  Wards.” 

Chapter  27,  “  An  Ordinance  providing  for  City  Warrants  to  be 
drawn  with  interest.” 

Chapter  28,  “  An  Ordinance  for  the  regulation  of  Weights  and 
Measures.” 

Chapter  29,  “  An  Ordinance  concerning  the  measurement  of 
Fire- wood.” 

Chapter  30,  “  An  Ordinance  concerning  Ordinances.” 

Sec.  2.  And  be  it  further  Ordained ,  That  all  ordinances  of  the 
city  of  Freeport  heretofore  passed,  which  are  inconsistent  with  any 
of  the  ordinances  named  in  section  one  of  this  article,  be  and  the 
same  are  hereby  severally  repealed :  Provided,  That  such  repeal 
shall  not  effect  any  act  clone,  or  right  accruing  or  accrued,  or  estab¬ 
lished,  or  any  suit,  action  or  proceeding  had  or  commenced  in  any 
civil  cause  before  the  time  when  said  repeal  shall  take  effect,  nor 
any  offense  committed,  nor  any  penalty  or  forfeiture  incurred,  nor 
any  suit  or  prosecution  pending  at  the  time  of  such  repeal,  for  any 
offense  committed,  or  for  the  recovery  of  any  penalty  or  forfeiture 
incurred  under  any  of  the  ^ordinances  so  repealed :  And,  provided 
further,  That  such  repeal,  and  the  publication  of  this  book,  shall  in 
no  wise  repeal  or  affect  any  ordinance  heretofore  passed  by  the  City 


ORDINANCES 


193 


Council  of  said  city  of  Freeport,  except  so  far  as  the  provisions  of 
such  ordinance  are  inconsistent  with  or  repugnant  to  the  provisions 
of  the  ordinances  named  in  section  one  of  this  article. 

Sec.  3.  And  be  it  further  ordained,  That  all  the  ordinances  of 
the  City  Council  of  the  City  of  Freeport,  including  this  ordinance, 
which  are  contained  in  the  aforesaid  book  entitled  “  The  Revised 
Ordinances,”  etc.,  and  purporting  to  contain  “  The  Revised  Or  dir 
“  nances  of  the  city  of  Freeport,  Illinois,  ( to  February  21  st,  1868, 
”  inclusive ,)  together  with  the  Charter  of  said  city,  the  several  amend- 
“  merits  thereto,  and  other  miscellaneous  Acts  relating  to  cities,  revised 
“  and  republished  by  order  of  the  City  Council,  by  Henry  M.  Barnum, 
“  City  Attorney be  and  the  same  are  hereby  declared  to  be  printed 
and  published  by  authority  and  order  of  the  City  Council  of  the 
said  city  of  Freeport. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  the  first  day  of  April,  A.  D.  1868.  * 

Ordained  and  passed  February  21,  1868. 

Attest  :  DAVID  H.  SUNDERLAND, 

Mayor. 


Urias  M.  Mayer, 

City  Clerk. 


State  of  Illinois,  \ 

City  of  Freeport ,  j  ‘  ' 

1  I,  _ _ _ _ _  City 

Clerk  of  the  city  of  Freeport  aforesaid,  do  hereby  certify  that  the 
above  and  foregoing  is  a  true  copy  of  an  ordinance  entitled  “  An 
ordinance  concerning  ordinances.”  ordained  and  passed  by  the  City 
Council  of  the  city  of  Freeport,  on  the  twenty-first  day  of  February 
A.  D.  1868,  and  that  I  am  entrusted  with  the  safe  keeping  of  the 
original  of  which  the  above  and  foregoing  is  a  true  and  certified  copy. 

Witness  my  hand  and  the  corporate 
seal  of  said  city,  this _ _ 

day  of _ _ in  the  year  of 

our  Lord  18 


,  City  Clerk. 


XI^rX3E.X. 


Page. 

ADAMS  STREET. 

Extension  of,  -  -  -  -  -  167 

ALDERMEN. 

Qualifications  of,  -  -  11 

How  many  for  each  ward,  -  11 

Removal  from  ward,  to  vacate  office  of,  11 

Compensation  of,  -  -  -  -  -  -  -11,36 

Vacancies,  liow  filled,  -  12 

Oath  of,  -  -  -  -  -  -  -  12 

Tie  in  election  of,  -------  12 

AMENDMENTS. 

To  City  Charter,  -  -  -  -  -  '  -  25 

ANIMALS. 

Power  to  restain,  -  --  --  --16 

Cruelty  to,  how  punished,  -  120 

Dead,  to  be  removed,  -  -  -  -  -  -  132 

Running  at  large  restained,  ------  135 

APPEALS. 

When  allowed  -  -  "  -  -  -  -  22, 39 

ASHES. 

How  to  be  kept,  -  -  -  -  -  -  -  94 

ASSESSMENT- 

Power  to  revise  and  correct,  -  -  -  -  -  29 


ASSESSOR. 

When  appointed, 

Term  of  office  and  duties, 
ASSESSMENTS,  Special, 

May  be  made  special  fund, 
Ordinance  concerning. 

Manner  of  enforcing  payment  of, 
AUCTIONEERS. 


Power  to  regulate,  -  -  -  -  -  -  -  16 

Must  takeout  license,  ■  108 

Must  make  report  and  pay  duty,  -  -  -  -  -  109 

Not  to  obstruct  sidewalks,  -  -  -  -  -  -  160 

ATTORNEY. 

How  elected,  -  ------  36 

To  give  bond,  -  68 

Duties  of,  prescribed,  -  -  -  -  -  -  -  69, 76 

Compensation  of,  -------  70 


-  173 

-  173,  174 
19,  20,  26,  42 
37 
56 
43 


INDEX 


196 


AWNINGS. 

Manner  of  constructing,  -  -  -  -  -  159 

BALL  ALLEYS. 

Power  to  suppress,  -  “  -  -  -  -  -  17 

Ordinance  concerning,  ------  111 

BATHING. 

Regulation  concerning,  -------  120 

BEGGING. 

How  punished,  -  ------  122 

BELL. 

Not  to  be  rung  in  streets,  ------  126 

BILLIARD  TABLES. 

Power  to  restrain,  -------  17 

To  be  licensed,  -  -  -  -  -  -  -  -111 

BONDS. 

Act  authorizing  issue  of,  ------  28 

Power  to  levj-  tax  to  pay,  -  -  -  -  -  -  30 

Ordinances  authorizing  issue  of.  -  -  -  -  -61, 62 

BORROW  MONEY. 

Power  to,  -  -  -  -  -  -  -  -  15, 31 

BOUNDARIES. 

Of  city  defined,  -  ------  10 

Of  city  may  be  extended,  when,  -  -  -  -  10 

Of  wards  defined,  -------  183 

BOW  WINDOW. 

Regulation  concerning.  -  -  -  -  -  -  -  159 

BOWLING  ALLEYS. 

Power  to  tax,  -  -  -  -  -  17 

Ordinance  concerning,  -  -  -  -  -  -  -  111 

BRANCH. 

Hog  pens,  Ac.  not  to  be  erected  near,  ....  132 

Filth,  not  to  be  thrown  into  ------  132 

BREACH  OF  PEACE. 

How  punished  -  ------  125 

BREAD. 

Power  to  regulate  weight  of,  -  -  -  -  -  -  17 

BRICKS. 

Power  to  regulate  size  of,  ------  17 

BRIDGES. 

Power  to  erect,  -  -  -  /  -  -  -  -  15 

Ordinance  concerning,  ------  63 

BUILDING  MATERIALS 

How  long  suffered  in  street,  ------  163 

BUTCHERS. 

Regulation  concerning,  134 

CARPENTER  STREET. 

Established,  -  -  -  -  -  -  -  -171 

CARROLL  STREET. 

Part  of,  vacated,  ...  -  169 

CATTLE. 

Power  to  restrain  from  running  at  large.  -  -  -  -  16 

Ordinance  restraining  same,  -----  135 

Driving  of,  over  bridges,  -  -  -  -  -  -  -  66 

CELLAR  DOORS. 

Not  to  be  left  open,  -------  124 

Regulation  concerning,  -  -  -  -  -  -  159 

CEMETERY. 

Ordinance  concerning  ------  64 

CENSUS. 

Power  to  provide  for  taking,  -  -  -  -  -  -  17 


INDEX 


197 


CITY  ATTORNEY. 

To  prepare  papers  in  certain  cases,  .....  27 

Ordinance  concerning,  -  -  -  -  -  .  -  69 

CITY  CLERK. 

Power  to  administer  oaths,  ------  27 

How  elected,  -  -  -  -  -  -  _  -  36 

To  give  bond,  -------  68 

Duties  of,  -  -  -  •  -  .  .  71,145 

To  prepare  assessment  book,  .....  174 

To  make  out  Collector’s  warrant,  -  ...  .  178 

CITY  COUNCIL. 

How  constituted,  -------  u 

To  judge  of  qualifications  of  members,  -  -  -  -  11 

Quorum  of,  --------  n 

To  determine  rules  of,  -  -  -  -  -  -  12 

Meetings  of,  -  -  -  -  -  -  -  -  "  12 

Powers  of,  --------  14 

CITY  OFFICERS. 

To  take  oath  and  give  bond^  ------  68 

How  removed,  -  -  -  -  -  -  -  -  69 

Compensation  of,  -------  69 

Appointment  of  by  Council,  -  -  -  -  -  -  69 

CITY  SUEVEYOR. 

How  elected,  -  --  --  ..36 

To  give  bond,  -  ------  68 

Duties  and  compensation  of,  -  -  -  -  -  72 

CITY  TREASURER. 

How  elected,  -  -  -  -  -  -  -  -36 

To  give  bond,  -  -  -  -  ...  .  _  68 

Duties  and  compensation  of,  -  -  -  -  -  -  73, 74 

CITY  SCALES. 

Established,  --------  150 

CITY-  WARRANTS. 

Interest  on,  --------  185 

CHIMNEYS. 

Power  to  regulate  construction  of,  -  -  -  -  -  16 

Ordinance  concerning,  -  -  .  -  -  -  -  -  94 

CLARK,  JOHN  A. 

Lands  to  be  conveyed  to,  -----  -  166 

CLAY  STREET. 

Extended,  --------  165 

Part  of,  vacated,  470 

COLLECTION  OF  TAXES. 

Ordinance  concerning,  -------  178 

COLLECTOR  OF  TAXES. 

How  and  when  appointed,  -  -----  178 

Duties,  oath  and  compensation  of,  178, 182 

To  collect  special  assessment,  -----  60 

COMMISSIONERS. 

To  make  special  assessments,  -  -  -  -  -  -  57 

Duties  of  prescribed  -  -  -  -  -  58 

CONSTABLES. 

May  serve  process  from  Police  Magistrates,  i*  -  -  -  22 

CONTRACTOR. 

Mayor  and  Aldermen  not  to  be,  -----  31 

CORPORATION  PAPER, 

Ordinance  concerning,  -  -  -  -  -  -  77 

COSTS. 

City  not  to  be  liable  for,  -  -  -  -  -  32, 145 

Prosecutor  to  pay,  when,  ......  14 

5 


198 


INDEX 


COWS. 

Not  to  run  at  large,  .......  135 

CROSS  WALKS. 

Not  to  be  obstructed  by  teams,  -  -  -  -  -  -  161 

CRUELTY  TO  ANIMALS, 

How  punished,  -  -  -  -  -  -  120 

CUSTODY. 

Persons  in,  how  released,  -  -  -  -  -  -  32 

Persons  in,  to  labor  on  streets,  .....  144 

DAWSON,  ELIZABETH. 

Conveyance  of  land  to,  -  -  -  -  ■■  -  171 

DEAD  ANIMALS. 

Not  to  remain  in  streets,  ......  131 

DISORDERLY  HOUSES. 

Power  to  suppress,  --------  16 

Punishment  for  keeping,  ------  119,  121 

DISTURBANCE. 

Of  the  Peace.  -  -  -  125 

Of  Citizens,  ........  125 

Of  schools  or  religious  meetings,  -  -  125 

DOGS. 

Power  to  restrain  from  running  at  large.  16 

Ordinance  requiring  registration,  -  -  -  -  -  78 

Ordinance  requiring  muzzling,  .....  80 

DRAYMEN. 

Regulation  concerning  -  -  -  -  -  124 

DRAINS,  -  -  -  -  -  -  -  -  -  27, 146 

DRIVING. 

Fast,  prohibited,  -  -  -  -  -  -  -  63,  123 

DRUNKENNESS. 

How  punished,  --------  121 

EARTH. 

Not  to  be  removed  from  streets,  .....  127 

ENGINE  HOUSE. 

Injuries  to,  how  punished,  -  -  -  -  -  -  127 

ENGINES. 

Not  to  be  removed  from  city,  -  -  -  -  -  -  S9 

ELECTIONS. 

First  election,  how  conducted,  -  -  -  -  -  13, 23 

Power  of  Council  to  regulate,  -  /  -  -  17 

Of  city  officers,  -  --  --  --36 

When  to  be  held,  -  -  -  -  -  -  -  -13,81 

Of  Judges  of  election,  -------  81 

How  conducted,  -  -  -  -  -  -  -82 

Contesting  of,  -------  85 

EXECUTION. 

When  issued,  -  ------  24.  143 

EXEMPTION. 

Of  property  from  taxation,  164 

Of  persons  from  street  tax,  -  -  -  -  -  -  24 

EXHIBITIONS. 

Power  to  tax,  --------  16 

To  be  licensed.  -  115 

FEES. 

Of  Police  officers  and  Magistrates,  .....  145 

FINES  AND  PENALTIS. 

How  recovered,  -  -  ......  22 

To  be  paid  into  City  Treasury,  .....  28,144 


INDEX 


199 


FIREMEN. 

Exempt  from  street  tax  and  jury  -  -  -  -  -  28 

City  Clerk  to  keep  a  list  of,  *  -  -  -  .  90 

FIRES. 

Power  to  provide  against,  ------  16 

Precautionary  regulations  concerning,  -  -  -  -  93 

False  alarms  of,  how  punished,  ......  126 

FIRE  DEPARTMENT. 

To  consist  of  whom,  -  -  .  -  -  -  -  87 

Regulations  concerning,  -  -  -  -  -  88, 89 

FIRE  LIMITS. 

Power  to  establish,  -  -  -  -  -  -  -16 

Defined  by  ordinance,  ------  91 

Regulations  concerning,  -  -  -  -  -  92 

FIRE  MARSHALS. 

Duties  of,  -  -  -  -  -  -  -  -  88, 89 

FIRE  WARDENS 

Who  to  be,  ....  .  ...  93 

FIRE  ARMS. 

Discharge  of,  prohibited,  ------  123 

FRY,  MARGARET. 

Conveyance  of  land  to,  -  -  -  -  -  -  -  189 

GALENA  ROAD. 

Name  of,  changed,  -------  172 

GAMBLING. 

Power  to  restrain,  -  -  -  -  -  -  -  16 

How  punished,  -  ------  121 

GEESE  AND  DUCKS. 

Not  to  run  at  large,  135 

GIFT  SALES. 

Prohibited,  --------  122 

GRADES. 

Power  to  establish,  -  -  -  -  -  -  -  15 

Ordinance  establishing,  -  -  -  -  -  '  95, 104 

Of  sidewalks  to  be  given,  ------  157 

GOODS. 

On  sidewalks,  ordinance  concerning,  -  16o 

GUN  POWDER  AND  GUN-COTTON. 

Power  to  regulate  storage  of,  -  -  -  -  -16 

Ordinance  regulating  storage  of,  -----  104 

HACKNEY  COACHES. 

Power  to  regulate,  -  -  -  -  -  -  -  16 

HAND  BILLS. 

Posting  in  certain  places  prohibited,  -  -  -  -  130 

HAWKERS. 

Power  to  regulate,  ...  16 

Ordinance  concerning,  112 

HAY  STANDS. 

Ordinance  establishing,  -  -  -  -  -  -  -  105 

HAY  AND  STRAW. 

To  be  weighed  on  city  Scales,  -  -  -  •  ’  -  152 

HOG  PENS. 

Ordinance  concerning,  .....  129,  131 

HOLES. 

Not  to  be  dug  in  streets,  ----..  .126 

HORSES. 

Not  to  stand  unfastened,  ......  124 

Not  to  run  at  large,  ------  135 

Not  to  obstruct  sidewalks,  -  -  -  -  -  -  161 

Stud,  ordinance  concerning,  -----  120 


200 


INDEX 


HOSPITAL. 


Power  to  establtsh, 

- 

- 

- 

- 

15 

HOUSES  OF  ILL-FAME. 

Power  to  suppress, 

- 

- 

- 

- 

16 

Ordinance  concerning, 

- 

- 

- 

120,  121 

IMMODERATE  DRIVING. 

Prohibited  in  streets, 

- 

- 

- 

123 

INDECENT  EXPOSURE. 

Punishment  for, 

- 

- 

- 

- 

•  120 

INN  KEEPERS. 

Not  to  sutler  fighting,  Ac., 

- 

-  ' 

- 

- 

126 

INSPECTOR  AND  SEALER. 

Of  weights  and  measures, 

- 

- 

- 

- 

-  136 

INSURANCE  AGENTS. 

Power  to  tax,  - 

- 

- 

- 

- 

31 

JACKSON  STREET. 

Extended,  - 

- 

- 

- 

168 

Part  of,  vacated, 

- 

- 

- 

- 

-  168 

JOHNSON,  GEORGE  F., 

Conveyance  of  land  to, 

- 

- 

- 

- 

170 

JURY. 

Who  to  be  exempt  from, 

- 

r 

- 

- 

28 

LABOR  ON  STREET. 

Who  to  perform,  - 

- 

- 

- 

- 

21,  75 

LAMP  POST. 

Horses  not  to  be  hitched  to, 

- 

- 

— 

- 

-  127 

LAMP  TAX. 

Power  to  levy,  - 

- 

- 

- 

- 

20 

LEWD  BOOKS. 

Not  to  be  sold  in  city, 

- 

- 

- 

- 

-  120 

LICENSES. 

* 

Power  to  issue,  - 

- 

- 

- 

- 

15,  16 

Ordinance  regulating 

- 

- 

- 

- 

-  107 

For  Auctioneers, 

- 

- 

- 

— 

108 

For  Billiard  Tables  and  Ball  Alleys, 

- 

- 

- 

— 

-  Ill 

For  Pawn  Brokers  and  money  lenders, 

- 

— 

• 

112 

For  Pedlers  and  Hawkers, 

- 

— 

— 

. 

-  112 

For  Porters  and  Runners, 

- 

— 

• 

- 

114 

For  shows  and  Exhibitions, 

- 

- 

— 

- 

-  115 

For  spirituous  and  malt  liquors, 

- 

j- 

- 

- 

116 

LINCOLN  AVENUE. 

Designated,  - 

- 

- 

- 

- 

-  172 

LIQUOR. 

Power  to  regulate  sale  of, 

- 

- 

- 

- 

16 

Not  to  be  sold  without  license, 

- 

— 

— 

— 

-  116 

Not  to  be  sold  to  habitual  drunkards, 

- 

■  — 

— 

- 

118 

Not  to  be  sold  on  Sunday, 

- 

- 

- 

— 

-  119 

LOCUST  STREET. 

Extended,  - 

— 

- 

. 

- 

168 

MARKET  STREET. 

Name  of  changed, 

- 

- 

- 

-  172 

markets: 

Power  to  establish,  - 

- 

• 

15 

How  to  be  kept, 

- 

- 

• 

- 

-  134 

MARTIN,  CHANCELLOR. 

Lands  to  be  conveyed  to, 

- 

— 

. 

m 

168 

MARSHAL. 

Power  of,  ... 

- 

m 

- 

22,  24, 39, 145,  161 

To  have  power  to  act  as  Constable, 

- 

• 

. 

m 

22 

To  be  chief  of  Police, 

- 

m 

— 

• 

-  138 

INDEX 


201 


MAYOR. 


Election  of. 

Oath  and  qualifications  of, 
Vacancy  in  office  of, 

Tie  in  election  of, 
Contesting  election  of, 
Duty  of,  in  certain  cases, 
Compensation  of 
Term  of  office  of, 

To  be  head  of  police, 

Pro  tern-, 


,  161, 190 

-  19, 36 
12, 30 

-  138 
190 


-  13,  22 


12 

12 


13 

13 


MENDICANTS. 

Power  to  punish,  -  -  -  -  -  -29 

Ordinance  concerning,  -  -  -  -  -  122 

MEETING. 

Of  persons  or  vehicles,  -------  124 

MEASURER. 

Of  fire-wood,  -------  188 

MECHANIC  STREET. 

Part  of,  vacated,  -  -  -  -  -  -  -  -166 

MIAMI  STREET. 

Extended  -  -  -  -  -  171 

MINORS 

Not  to  play  billiards,  -  -  -  -  -  -  111 

Liquor  not  to  be  sold  to,  -  -  -  -  -  11 8 

Not  to  get  upon  railroad  cars,  ------  143 

MISDEMEANORS. 

Ordinance  concerning,  ------  119 

MISSILES. 

Penalty  for  throwing,  -  -  -  ;  -  -  -  124 

MONEY.' 

Power  to  borrow,  -  -  -  -  -  -  -15,31 

MONEY  LENDERS. 

Power  to  regulate,  -  -  -  -  -  -  -  16 

To  take  out  license,  112 

MONTEREY  STREET. 

Extended,  and  part  vacated,  -  -  166 

NOTICE. 

Of  special  meeting  of  Council,  -----  50 

NUISANCE. 

Power  to  define  and  remove,  -  -  -  -  -  -  15, 41 

Power  to  charge  expense  of  removal,  27 

Ordinance  concerning,  -  -  129 

How  abated,  -  -  .  -  -  -  132 

OBSTRUCTIONS. 

To  sidewalks,  -  -  -  -  -  -  -  1 58,  160 

OFFENSIVE  GROUNDS. 

Punishment  for  keeping,  ------  i30}  131 

OFFICERS. 

To  give  bond,  -  68 

ORDINANCES. 

Power  to  make,  -  .  -  -  -  -  -  17 

How  proven,  ------  -17,24,190 

To  be  published,  -  -  -  ”  -  -  _  2  7,  289 

When  to  take  effect,  -  -  -  -  -  -190 

Effect  of  repealing,  ------  290,  29 

How  to  be  construed,  -  -  -  -  -  -  -19? 

ORDWAY’S  ADDITION. 

Vacation  of  street  in,  -  -  -  -  -  -  -  169 


202 


INDEX 


PARTITION  WALLS. 

Power  to  regulate, 

PAWN  BROKERS. 

Power  to  license,  -  -  ■ 

To  take  out  license, 

PECATONIOA  RIVER. 

Bathing  in  - 

PEDDLERS. 

Power  to  license, 

To  take  out  license, 

PEDDLING. 

On  railroad  cars  prohibited, 
PLATS. 

How  vacated, 

PHYSICIANS. 

To  report  cases  of  small  pox, 
POISON. 

To  be  marked,  - 
POLICE. 

Power  to  regulate, 

Ordinance  concerning, 

POLICE  MAGISTRATE. 

Act  concerning, 

Duties,  and  term  of  office, 

POLICE  OFFICERS. 

Duties  of  at  fires, 

Bond  and  term  of  office,  of 
Compensation  of, 

How  removed  from  office. 
Resistance  to,  how  punished, 
POLICE  COURT. 

Practice  in,  - 
POLL  TAX. 

Power  to  levy, 

Ordinance  concerning, 

PORCH. 

Regulation  concerning, 
PORTERS. 

Power  to  license, 

Ordinance  concerning, 

PRIVATE  DRAINS. 

Power  to  order, 

Ordinance  concerning, 

PRIVIES. 

Howto  be  erected, 

Not  to  be  erected  near  the  branch, 
PUBLIC  GROUNDS. 

Power  to  enclose,  &c„ 

POUND. 

Ordinance  concerning, 
QUARANTINE. 

Power  to  make  regulations,  - 
RAILROADS. 

Power  to  regulate, 

Ordinance  concerning 
Construction  of,  authorized, 
REAL  ESTATE. 

May  be  held  by  cities, 

How  sold  for  taxes, 

How  sold  for  assessments, 


16 

-  16 
112 

-  120 

16,  29 
-  112 

122 

45 

162 

-  123 

17 

138 

-  38 
38,  40 

-  90 
138 

-  138 
138 

-  139 

141 

21 

75 

•  158 

16 

-  114 
27 

-  146 

131 

-  132 

16 

«  137 

15 

-  23 
147 

•-  149 

42 

-  43 

43 


INDEX 


203 


RESISTANCE  TO  OFFICERS. 

How  punished,  -  ------  121 

REVISION. 

Of  assessment  roll,  -  -  -  -  -  -  -19,170 

RIOTS, 

How  punished,  ....  125 

ROADS. 

Inhabitants  to  work  on,  -  -  -  -  -  -  -21 

RULES, 

Of  City  Council,  -  -  -  47 

RUNNERS. 

Power  to  regulate,  -  --  --  --16 

Ordinance  concerning,  -  -  -  -  -  -  -114 

SAVANNA  STREET. 

Extension  of,  -  -  -  -  -  -  -1(7 

SCAFFOLDS. 

How  to  be  erected,  -  -  -  -  -  -  -  1 26 

SCALES,  CITY. 

Regulations  concerning,  ------  150 

SCOTT  STREET. 

Extension  of,  -  -  -  -  -  -  108 

SEAL. 

City  may  have  and  use,  ------  -  9 

Ordinance  establishing,  -  -  -  '  -  -  55 

SEALER  OF  WEIGHTS  AND  MEASURES. 

Powers  and  duties  of,  -  -  -  -  -  -  -  186 

SEXTON. 

How  appointed,  -  ------  65 

Duties  of,  prescribed,  -  ---66 

SHADE  TREES. 

Injuries  to,  how  punished,  ------  127 

SIGNS  AND  POSTS. 

Ordinance  concerning,  -  159,161 

SMALL  POX, 

Ordinance  concerning,  -  -  -  162 

SLAUGHTER  HOUSES. 

How  to  be  kept,  -------  134 

SHOWS  AND  EXHIBITIONS. 

Power  to  license,  -  --  --  --16 

Ordinance  requiring  license,  -  -  -  -  -  -  115 

SIDEWALKS. 

Power  to  order,  -------  27 

Punishment  for  tearing  up,  -  ,  -  -  -  -  127 

How  to  be  constructed,  ------  154 

To  be  repaired,  -------  157 

Obstructions  to,  -  -  -  -  -  -  -  -  158 

STEPS. 

How  far  to  project  on  sidewalk,  -  158 

STOVE  PIPES. 

Regulation  concerning,  -  -  -  -  -  -  93 

STREETS  AND  ALLEYS. 

Power  to  grade,  &c.,  -------  25 

Power  to  assess  for  benefits  to,  -  -  -  -  -  -  26 

Power  to  open  or  vacate,  -  -  -  -  -  -  32, 44 

Proceedings  in  opening  or  vacating,  -  32, 34 

Persons  in  custody  to  labor  on,  -  -  -  -  -  4! 

Proceedings  in  McAdamizing,  -  -  -  -  -  -  56 

Ordinance  concerning,  -  -  -  -  -  -  162 

Obstructions  to,  how  removed,  -  -  -  -  -  -162 


204 


INDEX 


STREETS  AND  ALLEYS.  ( Continued .) 

Rubbish  not  to  be  thrown  into, 

STREET  COMMISSIONER. 

How  elected,  - 
To  give  bond,  - 
Duties  and  compensation, 

To  require  labor  on  streets,  - 
To  make  reports,  - 

To  construct  sidewalks,  - 

STREET  TAX. 

Who  liable  to  pay,  - 

Who  exempt  from,  - 
STEPHENSON  STREET. 

Extension  of,  - 
STUD  HORSES. 

Regulation  concerning,  - 

SUITS. 

How  to  be  brought,  - 

In  Police  Court  - 

SUNDAY. 

Liquor  not  to  be  sold  on, 

Games  not  to  be  played  on, 

SURVEYOR.  See  City  Surveyor. 

TAVERNS. 

Power  to  regulate, 

TAXES. 

Power  to  levy,  - 

Power  to  levy  on  land  exceeding  ten  acres, 
How  may  be  collected,  - 

Collection  of,  how  enforced, 

Ordinance  concerning, 

Ordinance  levying  for  1867, 

May  be  collected  with  State  and  County  taxes, 
THEATERS. 

Power  to  regulate,  ... 

Ordinance  licensing,  - 
TREASURER.  See  City  Trasurer. 

VACATION. 

Of  town  plats,  - 
Of  streets  and  alleys,  - 

VAGRANTS. 

Power  to  punish, 

How  punished,  - 

VEHICLES. 

Power  to  tax,  .... 

Meeting,  must  turn  to  right, 

VENUE. 

Change  of,  .... 

VINE  STREET. 

Part  of,  vacated,  - 

VOTERS. 

Who  are,  - 

VOTING. 

How  conducted,  - 

Illegal,  - 
WALNUT  STREET, 

Extension  of,  - 

Part  of,  vacated,  - 

WARDS. 

Power  to  divide  city  into,  ... 


164 


36 

68 

75,  77,  144 
-  75,  146 

76, 144 
155 

-  21 
28 


-  167 

120 

22,  23,24 
-  142,  144 

-  119 
120 


16 

14,  31 
31 

42 

43 
173 

-  182 
42,  182 

16 

115 


-  45 

32,  44 


29 

122 

16 

124 

39 

171 

-  83 
83 

-  83 
168 

-  168 
r^5 


INDBX 


205 


WARDS.  ( Continued .) 

Ordinance  dividing  city  into. 


183 


WARRANT  ON  TREASURER. 
How  drawn 
When  to  be  paid, 

Interest  on. 


48 

46 

185 


WEBSTER  STREET. 

Extension  of,  -  -  -  -  -  *  171 

WEIGHTS  AND  MEASURES. 

Power  to  regulate,  -------  16 

Ordinance  concerning,  -  ...  186 

WEST  STREET. 

Opened,  --------  165 

WHARVES. 

Power  to  regulate  erection  of,  -  -  -  -  16 

WILLFUL  INJURY. 

To  property,  power  to  punished,  -----  29 

How  punished.  -  -  -  -  -  -  -127 

WITNESSES. 

Power  to  fix  fees  of,  -  -  -  -  -  17 

WOOD. 

Measurement  of,  -------  188 

WOOD  STANDS. 

Designated,  -------  105 

WYANDOTTE  STREET. 

Part  of,  vacated,  -  -  -  -  -  -  -171 

YARDS. 

Power  to  fill  up, 


41 


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